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HomeMy WebLinkAbout2004-127 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2004- 127 being a by-law authorize entering into an Agreement with the Owners of Plan of Subdivision 18T-92014 and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T -92014 WHEREAS the Council on September 28, 1998, recommended approval of draft Plan of Subdivision 18T92014, located in part Lot 27, Concession 3, former Township of Darlington and authorized the execution of a subdivision agreement with the Owner; AND WHEREAS, the Owner(s) of draft Plan of Subdivision 18T-92014 is now ready to proceed to finalize the subdivision agreement; NOW THEREFORE, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1 . THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington, and seal with the Corporation's seal, an Agreement between the Owners of Plan of Subdivision 18T-92014. ~1. THAT the Mayor and Clerk are hereby authorized to accept, on behalf of the Municipality, the said conveyances of lands required pursuant to the aforesaid Agreement. BY-LAW read a first time this 31st day of May 2004 BY-LAW read a second time this 31st day of May 2004 BY-LAW read a third time and finally passed this 31st day of May 2004 JOh~~'~ r", -, , , :. THlS AGREEMENT made in quintuplicate as of this O~ day of c:::Lu jlJ5t, 2007 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON - and - CLARET INVESTMENTS LIMITED - and - 1361189 ONTARIO LIMITED SUBDIVISION AGREEMENT - '" \ .. Page 2 TABLE OF CONTENTS ARTI C LE 1 - I NTE R P RET A TION AN D SC H ED U LES ........-.-....-.-....-...........-..---..... ~~ 1.1 Definitions ._.__......................................-....--......--------.......-........- ~5 1 .2 Sched ules __ .1 P- ................-.0.........._....0......---.............--................. 1:1 ARTI C LE 2 - G ENE RAL__..._..............................-....-...............--....-..--..- 1:Z 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 Recitals in Operative Part of Agreement_....... ",.. ...._....._........................1:Z Certification of Ownership .....____...................11 IllnT .....'1.___... LjUIl..._.............._.....1:~ Copy of Plan and Agreements Required..._u- ..._... "......'" .__,.._..1:' Transfer of Easements.........___... .........___._..._....__111 Transfer of Lands ___....__......__. ...__..........-.-.........................'11' '1I...1~1 Reg istration of T ra nsfers ._..._......._...............____..._...................___..11~ Lands for School Purposes ...._....__.................... .__..__....._....._.1~~ Charge on Lands __........_.... . _.._........ ._.............._...._..1~~ Reg istration of Ag reeme nt ._..._........._........._............--.....................111i Renegotiation and Amendment of Agreement......._.........._........-_111i M u n i c i p a I ity to Act P ro m p t Iy ....................................._. . ...........0....._...............11 Assignment of Agreement..__ . .........,..............._............,.......... ..._......_...........0..-..111 Replacement of Draft Plan with Final Plan(s) .....................___............._..................1Im Notification of Owner _...................-IIlT ITn.. J..........._.......-r -..._..........._.........llm Postponement of Mortgage_...._......_. ....................._. "'"..........._........_.............1!~ Successors ._.._...........0......___..._____... 1I._....____......-.._1!~ ARTICLE 3 - FINANCIAL --..-......-.....-.-.-............ " ..-- .....................1!1 3.1 Payment of Taxes___......._... _..___.....__....................1!1 3.2 Payment of Local Improvement Charges ........... ._...............................1!1 3.3 Payment of Drainage Charges____....._.__.... --.. M....__21~ 3.4 Payment of Development Charges_....._..................... .........-.........--..-.. 21~ 3.5 Cash in Lieu of Land Dedication........._..................... ._._._..__21~ 3.6 Performance Guarantee Required _.....____._ ,,-- 2lJ 3.7 Use of Performance Guarantee._--....--..-..--..........-......... 21 3.8 Indemnification of Municipality......_--. .........._..___._......__.._2:Z 3.9 Ins u ra n ce.. 4 L..........._...................._............................ .,..__...............................2:Z 3.10 Maintenance Guarantee Required _... .._......__....._..... ........_........_..2:Z 3.11 Use of Maintenance Guarantee.........-...._--.........."....... .....-...-....---......-... 2:' 3.12 Reduction and Release of Performance Guarantee ......." ._..2jl 3.13 Reduction and Release of Maintenance Guarantee ..._.. .. ..............._...2Ij 3.14 Payment of Municipality's Costs..................._~ .......___...._............'" ,.... 21~ 3. 15 Un pa id Mon ies _.................._.-..._......_............._...... ............._...__.211i 3.16 Occupancy Permit Deposit__.........._........__...................-_.-_.-..................211i ART I C L E 4 - PLAN N I N G ..._._.........._.........._............-.............................-.......-.....--..................-. 21m 4. 1 Tree P re s e rv a t ion P I a n ..............................................................................-......._...~.................... 21i 4.2 Landscaping Plan and Landscaping Requirements..........-...........__. 2!~ 4.3 Use of Lands _.__......_........_........__..........lr ,.""."""'-".1IJ;' .."...._........................._..31 4 . 4 La nd sUn s u ita b Ie fo r B u i Id i n g ...._.._........_......__..............-.-..-...................... 31 4.5 La nds Req u iring Site Pia n...._...-...........-....................-.-..................... 31 4.6 Requirements for Building Permits_.......... ... ...._...-... ~........................._....31 4.7 Model Homes_..........-....-............-..........---......---....-.-..-.-___I 311 4.8 Arch itectu ra I Co ntro I Sta n d a rd s.........._............__.-.........................-...........--... 31~ 4.9 R eq u i reme nts fo r S a Ie of La n d s ......_._......____......................-.....-............ 31~ 4.10 Requirements for Occupancy Permit....,... . ....................__...................._...3Im 4.11 Cash in lieu of Lands for Park or other Public Recreational P u rpo se s ...._..........._........__......................-............-.........-..............-.........-............-........ 41~ 4. 1 2 S P e cia I Con d iti 0 n s ..........................._.............._.........................._.._;................_.................. 41~ - t \ Page 3 ARTICLE 5 - PUBLIC WORKS___ __~...___...._. - __5:1 5.1 Municipality Works Required_..._____.._ .. -....--....... 51 5.2 Utilities and Services Required ..._~... ...___...__....._.........5:2 5.3 Owner's Engineer ..__._____...... ...____......_......._...... ......Ifl 5:! 5.4 Design of Works _..._......___ .............-- I ..-.....--......... 5,' 5.5 Engineering Drawings........_..__..._.............. _......._... ....-..... 51' 5.6 Approval of Grading and Drainage Plan.............. . . ......... ._.._....._515 5.7 Staging of Construction....__......_.... n....~_......_....._...........--.................516 5.8 Approval of Schedule of Works _....____........__......... ".... on ..~.._.....516 5.9 Approval of Works Cost Estimates and Stage Cost Estimates .............. ._51 5.10 Requirements for Authorization to Commence Works .......... ... ........................51 5.11 Requirements for Commencement of Subsequent Stages of Works_6lm 5.12 Inspection and Stop Work ........._......-.... ....................................-. III .161m 5.13 Construction in Accordance with Engineering Drawings_..._._........_.61 5.14 Sequence of Construction of Works __........_ ......_........__.............61 5.15 Completion Time for Construction of Works ....._.................._............................. 6:Z 5. 16 Ad d itio n a I Work ............................................._................_........_.__...- 11 In 1.....____..... 6:2 5.17 Incomplete or Faulty Works and Liens ...........__..................._.......__._6:Z 5.18 Acknowledgement Respecting Emergency etc. Repairs........_......._............61' 5.19 Damage to Existing Services_.__.. ,. ............_........._....... ".........-- 61' 5.20 Damage to Neighbouring Wells (Rural Applications Only).._........ ..6~5 5.21 Use of Works by Municipality......... ...._..._....__...................61 5.22 Maintenance of Roads after Completion................................----....-61 5.23 Requirements for Certificate of Completion_._.. . ......._......_611 5.24 Requirements for Certificate of Acceptance._-........._....... ......_611 5.25 Ownership of Works by Municipality......... "........._...__......._..__6!~ 5.26 Requirements for Certificate of Release _.... ......._.-_.....__...... ..6!~ 5.27 Not Used...n.,'! .................___.._____.....'1 pq'............. _..._.................__._ltm 5.28 Cost of Works Referred to in Schedule "G" ..._ ..........._u......_..._11~ ARTICLE 6 - COMPLIANCE WITH REGULATIONS............. .. ..70 ARTICLE 7 - RESPONSIBILITY OF SUBSEQUENT OWNERS _...m 11 ARTI C LE 8 - TI M E 0 F ESS EN C E......_......-........--........ _._........................................-11 ARTICLE 9 - AUTHORITY TO MAKE AGREEMENT .__........ on ..............._...........11 Page 4 THIS AGREEMENT made in quintuplicate as of this lO-t'l day of CLu..3usl-, 2007 BET WEE N: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "MUNICIPALITY") OF THE FIRST PART - and - CLARET INVESTMENTS LIMITED (hereinafter called the "OWNER") OF THE SECOND PART - and - 1361189 ONTARIO LIMITED (hereinafter called the "OWNER") OF THE THIRD PART - and - 0/ ~ ~ CANADIAN IMPERIAL BANK OF COMMERCE 8 q fP (hereinafter called the "MORTGAGEE") OF THE FOURTH PART WHEREAS: A. The lands owned by the Owner which are affected by this Agreement an3 described in Schedule "A" hereto, and are hereinafter called the "Lands"; B. The Owner represents and warrants that subject to Recital C it is the registered Owner of the Lands in fee simple absolute; C. The Owner represents and warrants that the Mortgagee is the only mortgagee or chargee of the Lands; D. The Owner has received the approval of the Ontario Municipal Board, of draft Plan of Subdivision 18T-92014 of the Lands subject to compliance with certain conditions , Page 5 thereto including the making of Subdivision Agreements with the Region and thl9 Municipality, respectively; E. The Owner has applied to the Municipality for approval of a final Plan of Subdivision of the Lands and to the Region and the Municipality, respectively, for the making of the aforesaid Subdivision Agreements; F. The Owner represents and warrants that it has or will enter into an Agreement with the appropriate Public Utilities Commission or other authority or company havin!~ jurisdiction in the area of the said Lands for the design and installation of the utilities and services referred to in Schedule "H" and hereinafter called the "Utilities and Services". G. The Owner represents and warrants that it will enter into Agreements with thl3 Region and the Municipality to satisfy their respective requirements, financial and otherwise in order to satisfy certain conditions of approval by the Region of draft Plan of Subdivision 18T-92014; H. This Agreement is made pursuant to the provisions of Subsection 51 (26) of thl3 Planning Act. It is authorized by By-law No. 2004-127 passed by The Corporation of thl3 Municipality of Clarington on May 31,2004. NOW THEREFORE WITNESSETH THAT in consideration of the premises and the covenants hereinafter expressed, and the sum of two ($2.00) dollars of lawful money of Canada now paid by each Party to the others (the receipt whereof by each Party is hereby acknowledged), the Parties hereto covenant and agree to and with each other as follows: ARTICLE 1 . INTERPRETATION AND SCHEDULES 1.1 Definitions (1) In this Agreement the term: (a) "Applicant" means an individual, an association, a partnership or corporation who applies for the necessary building permits for the lots or blocks covered by this Agreement. (b) "Appropriate Authority" means the Municipality, the Region, a Ministry of the Crown in right of Ontario or other authority or agency considered to be appropriate for the purpose by the Director. Page 6 (c) "Assuming Purchaser" has the meaning assigned to it in paragraph 3.16(1) of this Agreement. (d) "Authorization to Commence Works" has the meaning assigned to it in paragraph 5.10 of this Agreement. (e) "Building Code Act" means the Building Code Act 1992, S.O. 1992 c.23 as it may be amended or replaced from time to time. (f) "Ontario Building Code" means O. Reg. 403/97 as it may be amended or replaced from time to time. (g) "Certificate of Acceptance" has the meaning assigned to it in paragraph 5.24 of this Agreement. (h) "Certificate of Completion" has the meaning assigned to it in paragraph 5.23 of this Agreement. (i) "Certificate of Release" has the meaning assigned to it in paragraph 5.2B of this Agreement. U) "Commissioner" means the Commissioner of Planning of the Regionall Municipality of Durham. (k) "Construction Lien Act" means The Construction Lien Act, R.S.O. 1990 G. C.30 as it may be amended or replaced from time to time. (I) "Council" means the Council of The Corporation of the Municipality of Clarington. (m) "Damaged Services" has the meaning assigned to it in paragraph 5.19 of this Agreement. (n) "Development Charge" has the same meaning as is assigned to the term in the Development Charges Act 1997, R.S.O. 1997, c. 27. (0) "Development Charge By-law" means Municipality By-law 2005-108 as it may be amended or replaced from time to time, and the term includes a successor by-law to By-law No. 2005-108 which is passed under subsection 3(1) of the Development Charges Act. Page 7 (p) "Development Charges Act" means the Development Charges Act. S.O. 1997 c. 27, as it may be amended or replaced from time to time. (q) "Director" means the Director of Engineering Services of the Municipality of Clarington or his designated representative. (r) "Director of Community Services" means the Director of Community Services or his designated representative. (s) "Director of Planning" means the Director of Planning Services of the Municipality of Clarington or his designated representative. (t) "Drainage Act" means the Drainage Act R.S.0.1990, c.D.17 as it may be amended or replaced from time to time. (u) "Engineering Drawings" has the meaning assigned to it in paragraph 5.f5 of this Agreement. (v) "Engineering General Plan" means the drawing entitled 'General Plan' contained in the Engineering Drawings and which depicts the subdivision layout, road network, lot fabric and municipal servicing. (w) "Final Works" has the meaning assigned to it in Schedule "G" of this Agreement. (x) "First Application" has the meaning assigned to it in Schedule "0" of this Agreement. (y) "General Architectural Design Guidelines" means the guidelines approved by the Municipality's Council by its approval of the General Purpose and Administration Committee recommendation contained in Report PSD-096-02 through its adoption of Resolution C-513-02 at thE~ Council Meeting on September 30,2002. (z) "Hydrogeologist" has the meaning assigned to it in paragraph 5.20(1) of this Agreement. (aa) "40M Plan" has the meaning assigned to it in paragraph 2.3 of this Agreement. Page 8 (bb) "Grading and Drainage Plan" has the meaning assigned to it in paragraph 5.6 of this Agreement. (cc) "Initial Works" has the meaning assigned to it in Schedule "G" of this Agreement. (dd) "Land Registry Office" has the meaning assigned to it in Schedule "A" of this Agreement. (ee) "Lands" has the meaning assigned to it in Recital A of this Agreement. (ff) "Landscaping Plan" has the meaning assigned to it in paragraph 4.2(2) of this Agreement. (gg) "Maintenance Guarantee" has the meaning assigned to it in paragraph 3.10(1) of this Agreement. (hh) "Master Drainage Plan" has the meaning assigned to it in Schedule "G" of this Agreement. (ii) "Minister" means the Minister of Municipal Affairs, Ontario. UD "Monitoring Program" has the meaning assigned to it in paragraph 5.20(1) of this Agreement. (kk) "Municipality" means The Corporation of the Municipality of Clarington or any official, designated by Council to administer the terms of this Agreement. (II) "Municipality's Control Architect" means the architect retained by thE~ Municipality to provide advice on architectural designs and design themes for plans of subdivision. (mm) "Noise Impact Study" has the meaning assigned to it in paragraph 4.1 ~~ (49) of this agreement. (nn) "Occupancy Permit" has the meaning assigned to it in paragraph 4.10(1) of this Agreement. Page 9 (00) "Occupancy Permit Deposit" has the meaning assigned to it in paragraph 3.16(1) of this Agreement. (pp) "Occupancy Permit Scale" has the meaning assigned to it in paragraph 3.16(2) of this Agreement. (qq) "Occupational Health and Safety Act" means the Occupational Health and Safety Act R.S.O. 1990 c. 0.1 as it may be amended or replaced from time to time. (rr) "Owner" means the Party of the Second Part to this Agreement, its successors and assigns and when used to refer to a successor or assigneE~ of such Party, or to another person, an owner includes an individual, an association, a partnership or a corporation. (ss) "Owner's Engineer" means a consulting civil engineer experienced in performing the duties set out in Schedule "I" of this Agreement who or which is a partnership, association of persons or a corporation that holds a certificate of authorization, in their or its own name to practice professional civil engineering and is licensed to do so under the Professional Engineers Act R.S.O. 1990 c. P.28 as it may be amended from time to time provided that the Owner's Engineer shall not be the Owner, or an officer, director, shareholder or employee of the Owner. (tt) "Performance Guarantee" has the meaning assigned to it in paragraph 3.6 of this Agreement. (uu) "Phase I of the Development of the lands" means the development of the portion of the Lands which is within the draft 40M Plan of Subdivision, a copy of which is contained in Schedule "B". (vv) "Phase Subsequent to Phase I of the Development of the Lands'" means the development of the whole, or any portion of the Land, which are not located within the draft 40M Plan of Subdivision contained in Scheduh3 "B" after such draft 40M Plan of Subdivision has been registered against the title to the portion of the Lands to which it applies, and if the first "Phase Subsequent to Phase I of the Development of the Lands" includes only a portion of the Lands which are not located within such draft 40M Plan of Subdivision, the term "Phase Subsequent to Phase I of the Development of the Lands" means the development of each portion of the Lands which is , I Page 10 within a separate 40M Plan of Subdivision which is registered against thE~ title to the portion of Lands to which it applies. (ww) "Planning Act" means the Planning Act R.S.O. 1990 c.P.13 as it may bE~ amended or replaced from time to time. (xx) "Reapproved Engineering Drawings" has the meaning assigned to it in paragraph 5.5 of this Agreement. (yy) "Reapproved Grading and Drainage Plan" has the meaning assigned to it in paragraph 5.6 of this Agreement. (aaa) "Region" means The Corporation of the Regional Municipality of Durham. (bbb) "Related Works" has the meaning assigned to it in Schedule "G" of this Agreement. (ccc) "Road System" has the meaning assigned to it in Schedule "G" of this Agreement. (ddd) "Schedule of Works" has the meaning assigned to it in paragraph 5.8 of this Agreement. (eee) "Security for the Maintenance Guarantee" has the meaning assigned to it in paragraph 3.10(2) of this Agreement. (fff) "Solicitor" means the Solicitor for the Municipality. (ggg) "Stage Cost Estimates" has the meaning assigned to it in paragraph 5.!~ of this Agreement. (hhh) "Staging Plan" means the staging plan for the Lands approved by thl3 Director of Engineering Services pursuant to paragraph 5.11 of this Agreement. (iii) "Stormwater Management System" has the meaning assigned to it in Schedule "G" of this Agreement. om "Stormwater Management Implementation Report" has the meanin9 assigned to it in Schedule "G" of this Agreement. Page 11 (kkk) "Storm Sewer System" has the meaning assigned to it in Schedule "G" of this Agreement. (III) "Street Lighting System" has the meaning assigned to it in Schedule "G" of this Agreement. (mmm)"Temporary Occupancy Permit" has the meaning assigned to it in paragraph 4.10(2) of this Agreement. (nnn)"Tile Drainage Act" means the Tile Drainage Act R.S.O. 1990, c. 1.8 as it may be amended or replaced from time to time. (000) "Treasurer" means the Director of Finance of the Municipality or her designated representative. (ppp) "Tree Preservation Plan" has the meaning assigned to it in paragraph 4.1 (1) of this Agreement. (qqq) "Utilities and Services" means the utilities and services referred to in Schedule "H" of this Agreement. (rrr) "Works" has the meaning assigned to it in paragraph 5.1 of this Agreement. (sss) "Workplace Safety and Insurance Act, 1997" means the Workplace Safety and Insurance Act, 1997 S.O. 1997, c.16, Sch. A. (ttt) "Works Cost Estima.tes" has the meaning assigned to it in paragraph 5.!3 of this Agreement. (2) Whether or not it so provides explicitly, every provision of this Agreement by which the Owner is required to undertake any action shall be deemed to include the words "at the cost of the Owner". (3) Unless the context otherwise requires when used in this Agreement, the singular includes the plural and a reference to a person's gender in an expression include:~ masculine, feminine and neuter as is required by the context. (4) References to lots or blocks shall be deemed to be reference to them on the Dra1t M-Plan unless otherwise expressly provided. , . Page 12 1.2 Schedules The following Schedules which are attached hereto, together with all provisions therein, are hereby made a part of this Agreement as fully and for all purposes as would be the case if they were set out in the text of this Agreement as covenants and agreements: Schedule "N" "Legal Description of the Lands" "Plan of Subdivision (Reduction)" "Charges Against the Lands" "Schedule of Payment of Development Charges" "Transfer of Easements (Reduction)" "Lands to be Transferred to Municipality and/or "Cash to be Paid in Lieu Thereof (Reduction)" "Works Required" "Utilities and Services Required" "Duties of Owner's Engineer" "Works Cost estimates" "Insurance Required" "Regulations for Construction" "Use of the Lands" "Land Unsuitable for Building" "Land Requiring Site Plan Approval" "Front Ending Payments" "Conservation Authority's Work" "Engineering and Inspection Fees" "Conditions of Approval" "Tree Preservation Plan (reduction)" "Landscaping Plan (reduction)" "Requirements of Other Agencies" "Architectural Control Standards" Schedule "A" Schedule "B" Schedule "C" Schedule "0" Schedule "E" Schedule "F" Schedule "G" Schedule "H" Schedule "I" Schedule "J" Schedule "K" Schedule "L" Schedule "M" Schedule "0" Schedule "P" Schedule "Q" Schedule "R" Schedule "S" Schedule "T" Schedule "U" Schedule "V' Schedule "W" ARTICLE 2 - GENERAL 2.1 Recitals in Operative Part of Aareement The Owner represents and warrants to the Municipality that each of Recitals A to G of this Agreement is correct. , . Page 13 2.2 Certification of Ownership (1) On the execution of this Agreement, the Owner shall provide the Municipality with a letter signed by an Ontario Solicitor and addressed to the Municipality certifyin~l as to the title of the said Lands and setting out the names of all persons havin~l interests in the said Lands and the nature of their interests. On the execution of this Agreement, the Owner shall provide the Municipality with a letter signed by an Ontario Solicitor and addressed to the Municipality certifyin~J as to the title of any land outside the limits of the said Lands, which is to bE~ conveyed to the Municipality or in which easements are to be transferred to thE~ Municipality pursuant to the terms of this Agreement. 2.3 COpy of Plan and Agreements Required On the execution of this Agreement, the Owner shall provide the Municipality with as many copies as the Municipality requires of the final Plan of Subdivision of the Lands as approved by the Commissioner, the Minister, or the Ontario Municipal Board as thE~ case may be. The draft final Plan of Subdivision as proposed by the Owner (the "40M Plan") is contained in Schedule "B" attached hereto. The Owner shall also furnish to the Municipality at the time of the execution of this Agreement, one (1) copy of the final Plan of Subdivision which has marked on it the stamp of approval of the Region, and a copy of the executed Subdivision Agreement entered into between the Owner and the Region with respect to the Lands if the aforesaid Plan has been approved and Agreement has been executed by the Parties thereto at the time of the execution of the Agreement. If at the time of the execution of this Agreement, the aforesaid Plan has not been so approved and/or the aforesaid Agreement between the Owner and the Region has not been executed, the Owner shall provide the Municipality with a copy of the aforesaid Plan with the stamp of approval of the Region marked thereon and/or a copy of the aforesaid Agreement executed by the Region and the Owner forthwith after approval of thE~ aforesaid Plan is granted and/or the aforesaid Agreement is executed by the Parties thereto. The Owner shall also furnish to the Municipality, at the time of execution of this Agreement, one (1) copy of each of the Agreement(s) entered into by the Owner with thE~ appropriate hydro-electric utility in Clarington or other authority or company havin~l jurisdiction in the area of the said Lands for the design and installation of the Utilities and Services, or, if such Agreement(s) have not been executed at the time of the execution of this Agreement, the Owner shall provide the Municipality with one (1) copy of each such Agreement(s) immediately after each such Agreement(s) is executed by the Parties thereto. , , Page 14 2.4 Transfer of Easements (1) On the execution of this Agreement, the Owner, at its cost, shall deliver to the Municipality the executed transfers of easements which are set out in Schedule "E" and shall pay to the Municipality in cash or by certified cheque the amount which is equal to any tax, fee or cost payable at the time of or in respect of the registration of such transfers against the title to the lands to which they apply. Such transfers shall be free and clear of all encumbrances and restrictions shall , be made for a nominal consideration, shall contain provisions satisfactory to the Municipality's Solicitor, and shall be in registerable form. (2) If, subsequent to the date of registration of any Plan of Subdivision of the Lands or a plan(s) of subdivision of any part(s) thereof, but prior to the issuance of a buildin~l permit(s) for building(s) proposed to be constructed on a particular lot(s) or block(s), in the opinion of the Director further easements in such lot(s) or block(s) are required to be transferred to the Municipality, the Region of Durham, the appropriate hydro-electric utility in Clarington or other appropriate authority or company for Municipality purposes, Region of Durham purposes or for Utilities and Services, as the case may be, or for drainage purposes; the Owner agrees to transfer to the Municipality, the Region of Durham, the appropriate hydro-electriG utility in Clarington or other appropriate authority or company, as the case may be, such further easement(s) forthwith after a written request to do so is given to it by the Director. Notwithstanding the foregoing, the Director shall not request such further easement(s), if its creation would prevent the erection of a dwelling on any part of a lot(s) or block(s) shown on the Plan. If further easements are requested to be transferred to the Municipality, the Region of Durham, the appropriate hydro- electric utility in Clarington, or other appropriate authority or company, as the caSH may be, the provisions of paragraph 2.4(1) shall apply with all necessary changes to it being considered to have been made to give effect to the intent of this paragraph 2.4(2). 2.5 Transfer of Lands On the execution of this Agreement, the Owner shall deliver to the Municipali~{ executed transfers, sufficient to vest in the Municipality title in fee simple absolute freE~ and clear of all encumbrances and restrictions, of the lands set out in Schedule "F" hereto and shall pay to the Municipality in cash or by certified cheque an amount of money which is equal to any tax, fee, or cost payable at the time of or in respect of the registration of such transfers against the title to the lands to which they apply. All transfers referred to in . . Page 15 this paragraph 2.5 shall contain provisions to the satisfaction of the Municipality's Solicitor, shall be made for a nominal consideration, and shall be in a registerable form. 2.6 ReQistration of Transfers The transfers of easements and lands referred to in paragraphs 2.4 and 2.5 shalll be prepared by the Owner and shall be registered at the Owner's expense, at the samE~ time as the Plan is registered. If such transfers are of or in respect of lot(s) or block(s) which are to be defined on the final Plan of Subdivision of the Lands when the Plan is approved and registered against title, the registered number of the Plan shall be left blank and the Owner hereby authorizes the Municipality to insert such Plan number after registration of the Plan. 2.7 Lands for School Purposes (1) On or prior to the execution of this Agreement, the Owner shall deposit with the Municipality, a letter from each and every School Board having jurisdiction over the said Lands stating that arrangements satisfactory to each and every School Board have been made respecting the acquisition of any lands necessary for school purposes to serve the said Lands. (2) In the event that any School Board which has an option to acquire any lot(s) or block(s) comprising part of the Lands does not exercise its option, forthwith after such School Board fails to exercise such option, the Owner shall give notice to the Municipality in writing that the School Board has not exercised its option. The Owner hereby grants to the Municipality an irrevocable option to acquire such lot(s) or block(s) on the same terms and conditions including, without limiting the generality of the foregoing, the consideration to be paid to the Owner, as thE~ School Board could have acquired such lot(s) or block(s) by exercising its option as aforesaid, except that the Municipality shall exercise the option hereby granted by giving written notice to the Owner prior to the expiry of ninety (90) days after thE~ Municipality receives the aforesaid notice from the Owner that the School Board has failed to exercise its option. The purchase of the lot(s) or block(s) in question by the Municipality shall be completed within ninety (90) days after the exercise of the Municipality's option as aforesaid. 2.8 CharQe on Lands The Owner hereby charges all its interest in the Lands with the obligations set out in this Agreement. , . Page 16 2.9 Reaistration of Aareement The Owner hereby consents to the registration of this Agreement or a notice thereof against the title to the Lands. The Owner will not register, permit or suffer any person to register any instrument after the registration of the final Plan of Subdivision against the title to the Lands unless this Agreement and any transfers or other documents required to be furnished hereunder have first been registered against the title to the Lands or the appropriate portion(s) thereof, as the case may be. Without derogating from thE! foregoing, the Owner also hereby consents to the registration of an Inhibiting Order(s) Olr a Caution(s) against the title to the Lands or the relevant portion(s) thereof as the CaSE! may be, in order to give further effect to the foregoing and acknowledge that the Municipality has reasonable cause to register an Inhibiting Order(s) or Caution(s) as the case may be. 2.10 Renegotiation and Amendment of Agreement (1) Following the occurrence of any of the events set out below in this paragraph 2.1 () (the "Renegotiation Events"), the Municipality may give written notice to the Ownelr requiring that particular provisions of this Agreement specified in the notice shall be renegotiated and, if necessary amended by the Parties. No later than the expiry oJ the ten (10) day period following the date on which such notice is given, the Owner will cease and will require all persons with whom it has a contractual relationship to cease constructing and installing the Works referred to in such written notice until the specified provisions of this Agreement have been renegotiated and any necessary amendment(s) made to this Agreement. The Renegotiation Events arE! the following: (i) the Region, the Minister, or the Ontario Municipal Board approves a final Plan of Subdivision for the said Lands which the Municipality considers to be substantially different from the 40M Plan proposed by the Owner; (ii) the final Plan of Subdivision is not approved by the Region and registered against the title to the Lands within eighteen (18) months after the date as of which this Agreement is made; (iii) either if a Subdivision Agreement between the Owner and the Region has not been executed at the date as of which of this Agreement is made, or if such Subdivision Agreement between the Owner and the Region has been so executed, it is amended subsequent to the date as of which this Agreement is made, the provisions of such Subdivision Agreement between , . Page 17 the Owner and the Region, in the opinion of the Municipality, affect materially the location or sizing of any of the Works to be supplied and installed under the terms of this Agreement; or (iv) construction or installation of any of the Works has not commenced within two (2) years from the date of registration of the final Plan of Subdivision of the Lands against the title to the Land; Forthwith after the giving of written notice as aforesaid requiring the renegotiation of specified provision(s) of this Agreement, the Owner and the Municipality will renegotiate the same in good faith and with expedition. In the event that thE~ renegotiation has been completed or has not resulted in agreement by the Parties prior to the expiry of the twenty (20) day period following the date on which thH notice requiring the renegotiation is given as aforesaid, at any time thereafter thE~ Municipality may give the Owner written notice declaring this Agreement to be~ terminated whereupon it shall terminate. (2) On the termination of this Agreement by the Municipality declaring it to bH terminated in accordance with paragraph, 2.10(1), none of the Parties hereto ma~1 make any claim against the MuniCipality for damages for any loss or cost or makH any claim against the Municipality for compensation in respect of any of the Works, whether located in whole or in part on land in which the Municipality has an interest. Notwithstanding the foregoing, the Owner and the Municipality expressly agree that the covenants and agreements contained in paragraphs 3.8,3.14,5.17,5.19,5.20 and 5.21 and Article 7 of this Agreement will survive thE~ termination of this Agreement pursuant to paragraph 2.10(1), and paragraphs 3.8, 3.14,5.17,5.19,5.20 and 5.21 and Article 7 of this Agreement shall continue to bind the Owner and may be enforced by the Municipality in the same manner and to the same extent as if this Agreement had not been terminated. (3) Without derogating from the provisions of paragraph 2.10(1) from time to time by mutual agreement, the Parties hereto may amend the terms of this Agreement and any of the Schedules, but an amendment shall only be effective if in writing and executed under the seals and hands of the proper officers of each Party. 2.11 Municipality to Act Promptly Wherever the Municipality, the Municipality's Solicitor, the Municipality's Director of Finance or any Municipality Director is required to take action pursuant to this Agreement, or is required to make a decision or render an opinion, or give confirmation or give . . Page 18 authorization, permission or approval shall be made promptly in all respects and thE! Municipality and its officials shall act reasonably. 2.12 Assignment of Agreement The Owner shall not assign this Agreement without prior written consent of the Municipality. For greater certainty, any assignment which is made contrary to this paragraph 2.12 does not relieve a subsequent Owner of the Lands of any of his obligations under this Agreement. 2.13 Replacement of Draft Plan with Final Planes) (1) The Parties hereto acknowledge that at the time of the execution of this Agreement, only a copy of draft Plan of Subdivision 18T-92014 has been approved by the Municipality. A copy of it is contained in Schedule "B" hereto. All descriptions in this Agreement and the Schedules hereto refer to the proposed lot(s) or block(s) and street(s) shown on such red-lined draft Plan of Subdivision. The 40M Plan proposed by the Owner is also contained in Schedule "B". (2) On a final Plan of Subdivision implementing Plan 18T-92014 approved pursuant to the Planning Act, 1983 being registered against the title to anyone (1) or morE~ portions of the Lands, the registered final Plan of Subdivision shall be deemed to be substituted for the red-lined draft Plan of Subdivision 18T-92014 for thE~ purposes of this Agreement. All amendments necessary to this Agreement shall be considered to have been made to it and to the descriptions and references contained in it, including without limiting the generality of the foregoing, Schedules "B" "E" "F" "G" "N" "0" "P" and "Q" in order to replace the descriptions and f , , , , , , references to the redlined draft Plan of Subdivision 18T-92014 with descriptions and references to and that are consistent with such registered final Plan of Subdivision. 2.14 Notification of Owner If any notice or other document is required to be or may be given by thE~ Municipality or by any official of the Municipality to the Owner under this Agreement, such notice shall be mailed by first class prepaid post or delivered to: The Owner: Claret Investments Limited and 1361189 Ontario Limited c/o P.O. Box 98006 Courtice Corners Post Office 2727 Courtice Road Courtice, ON L 1 E 3G6 , . Page 19 or such other address of which the Owner has notified the Municipality in writing. Any such notice so mailed or delivered shall be deemed good and sufficient notice under the terms of this Agreement and shall be effective from the date which it is so mailed Olr delivered. 2.15 Postponement of Mortaaae The Mortgagee hereby postpones its mortgage to this Agreement with the intent that this Agreement shall take effect as though dated, executed and registered prior to the mortgage. In the event that (1) the Mortgagee obtains an order of foreclosure against the Owner, (2) the Mortgagee directly or indirectly takes possession of the Lands, or (3) the Lands are sold after default occurs under the mortgage, the Lands shall not be used or developed by any person otherwise than in conformity with the provisions of this Agreement. In order to give further assurance to the Municipality, the Mortgagee at its cost shall execute a separate Postponement Agreement containing terms satisfactory to the Municipality's Solicitor forthwith after being requested to do so by notice given in writing to the Mortgagee and to deliver the same to the Municipality. 2.16 Successors This Agreement shall ensure to the benefit of and be binding on the Parties hereto, and their respective successors and assigns. ARTICLE 3 - FINANCIAL 3.1 Payment of Taxes Prior to the date of execution of this Agreement, the Owner shall pay all municipal taxes outstanding against the Lands, as set out in Schedule "C" hereto. In addition, the Owner shall pay any municipal taxes which may become due in respect of the whole or anyone or more portions of the Lands after the date of execution of this Agreement in accordance with the law. 3.2 Payment of Local Improvement Charaes Prior to the date of execution of this Agreement, the Owner shall pay all charges with respect to local improvements assessed against the said Lands as set out in Schedule "C" hereto. Such charges shall include the Municipality's share of any local improvements which serve the said Lands and shall include the commuted value of such charges including charges falling due after the date of the execution of this Agreement. , . Page 20 3.3 Pavment of Drainaae Charaes Prior to the date of the execution of this Agreement, the Owner shall pay all drainage charges assessed under the Drainage Act and the Tile Drainage Act against the! lands, as set out in Schedule "C" hereto, including the commuted value of such charges falling due after the date of execution of this Agreement. 3.4 Pavment of Development Charaes (1) The Owner shall pay all Development Charges and portions of front-end payments required by the provisions of the Development Charges Act and the Development Charge By-law in respect of the development of the lands or anyone or more portions thereof. The Owner shall pay the Development Charges in accordance with the Schedule of Payment of Development Charges contained in Schedule "0" hereto. Each payment of Development Charges set out in Schedule "0" shall be adjusted as required by the Development Charge By-law prior to the issuance of any building permit in respect of any lot(s) or block(s), to take into account increases provided for in the Development Charge By-law. (2) The Parties acknowledge and agree that none of the provisions of this Agreement, including but not limited to paragraph 3.4 and Schedules "0" and "G", are intended nor shall they be considered to have the effect of exempting the Owner in whole 0Ir in part from, or making inapplicable to the Owner, or making inapplicable in respect of the development of the lands, a Development Charge that is imposed by thEl Development Charge By-law passed under the Act or the 1997 DC Act as i~) applicable and none of them shall be used as a justification for or the basis of granting the Owner a credit of any amount in determining the development charge payable by the Owner under such By-law under the Development Charges Act. 3.5 Cash in Lieu of land Dedication On the execution of this Agreement, the Owner shall pay the Municipality the cash payment in lieu of dedication of lands as set out in Schedule "F" hereto. 3.6 Performance Guarantee ReQuired Prior to the date of issuance of any Authorization to Commence Work, the Owner shall deposit with the Municipality, cash or an irrevocable and unconditional letter of credit issued by a bank listed in Schedules "lor II" of the Bank Act, acceptable to thE~ Municipality's Director of Finance, and containing terms satisfactory to the Municipality's . . Page 21 Director of Finance. The deposit shall be in the amount determined by the Director to be the amount required to secure to the Municipality the performance by the Owner of its covenants contained in this Agreement to construct and install the Works and thEl performance of the Owner's obligations under paragraph 5.13(2) as well as thel performance by the Owner of its covenants under paragraphs 3.1, 3.2 and 3.3. With respect to the works and without limiting the generality of the foregoing, in making his determination, the Director may have regard to the "Works Cost Estimate" or thel "Revised Work Cost Estimate" (both terms as hereafter defined) whichever is applicable, for the construction and installation of the Works which either are the subject of an Authorization to Commence Work or for the issuance of which an Authorization to Commence Works application has been made by the Owner. If from time to timel following the issuance of any Authorization to Commence Works the Director is of the~ opinion that the amount of the Performance Guarantee should be increased in order to protect the Municipality's interests under this Agreement, forthwith after the Director gives written notice to the Owner requiring an increase in the amount of the Performance Guarantee, the Owner shall deposit with the Municipality cash or an unconditional and irrevocable letter of credit in such amount issued by a bank listed in Schedule "I" or "II" of the Bank Act that is acceptable to the Municipality's Director of Finance and continuin~~ terms satisfactory to the Municipality's Director of Finance. (The cash deposit(s) or letter(s) of credit which is (are) to be deposited by the Owner pursuant to this paragraph 3.6 and other provisions of this Agreement are called the "Performance Guarantee".) In the event that the Owner does not increase the amount of the Performance Guarantee for a period of thirty (30) days following the giving of written notice by the Director to thE~ Owner requiring an increase in the amount of the Performance Guarantee, (1) all Authorizations to Commence Work that have been issued shall terminate, and (2) the Owner shall not apply for or require the issuance of any permit for the construction of buildings or any part of the Lands pursuant to the Building Code Act. Without derogatin~~ from the other provisions of this Agreement, the Parties acknowledge that if the Owner deposits a letter of credit with the Municipality's Director of Finance as the whole or part of the Performance Guarantee or an increase thereof required by this Agreement, the Municipality's Director of Finance, acting reasonably, may at any time draw on such letter of credit and deposit the cash proceeds thereof in an account to the credit of Municipality for disbursement in accordance with this Agreement. 3.7 Use of Performance Guarantee From time to time the Municipality may appropriate the whole or anyone or more portions of the Performance Guarantee up to an amount(s) determined by the Director, which in aggregate shall not exceed the amount(s) which in the opinion of the Director are required to remedy the Owner's breach(es) or default(s) of or under the provisions of this , > Page 22 Agreement. Forthwith after making each such appropriation, the Director shall give thE! Owner written notice thereof and the Owner shall forthwith reinstate the PerformanCE! Guarantee to the full amount(s) required by this Agreement. 3.8 Indemnification of Municipality (1) The Owner shall defend, indemnify and save the Municipality harmless from and against all actions, claims, liabilities, losses, damages and expenses includin~l reasonable legal fees which arise by reason of or are caused in whole or in part by the making and/or the implementation of this Agreement, or the design, construction and installation, supervision of construction and installation, inspection, and/or maintenance of the Works by the Owner, its employees, contractors, suppliers of services or materials, the Owner's Engineer, the Owner'H Engineer's employees, and the Owner's licensees. (2) For greater certainty, the making of this Agreement is not intended to and shall not have the effect of requiring the Municipality to do or refrain from doing any act or making any recommendation necessary for the Owner to achieve approval of thE~ final Plan of Subdivision of the Land~ and its registration against the title to the Lands. 3.9 Insurance The Owner shall obtain and maintain the insurance and deposit the proof thereof as required by Schedule "K" of this Agreement in accordance with Schedule "K" of this Agreement. 3.10 Maintenance Guarantee Reauired (1) From the date of issuance of an Authorization to Commence Works until the date of issuance of a Certificate of Acceptance of the Works or particular component(s) of the Works, the Owner agrees with the Municipality to promptly correct, remedy, repair or replace any portion or component of the Works in question that thE~ Director determines to be defective or deficient having regard to the provisions of this Agreement at the Owner's cost (the "Maintenance Guarantee"). The amount of the Maintenance Guarantee shall be determined in accordance with paragraph 3.12(1) of this Agreement. The Owner shall be given written notice of any such deficiency or defect by the Director forthwith after he identifies the same. . . Page 23 (2) The Maintenance Guarantee expires on the date of issuance of the Certificate of Acceptance of the Works referred to in paragraph 3.10(1) which shall not be earlier than the date of expiry of the relevant period of the Maintenance Guarantee for thE~ following Works as set out below: (a) "Initial Works" (as hereafter defined): the later of (1) the date of expiry of the period of two (2) years which commences on the date of issuance of thE~ Certificate of Completion for the Initial Works, and (2) the date of issuancE~ of a Certificate of Completion for the "Final Works" (as hereafter defined); (b) "Final Works": the date of expiry of the period of one (1) year that commences on the date on which the maintenance period for the Initial Works specified in paragraph 3.10(2)(a) expires; (c) "Street Liohtino System" (as hereafter defined): the date of expiry of the period of two (2) years which commences on the date of issuance of the Certificate of Completion of the Street Lighting System; and (d) "Stormwater Manaoement Svstem" (as hereafter defined): the date of expiry of the period of two (2) years which commences on the date of thE~ issuance of the Certificate of Completion of the Stormwater Management System provided that such Certificate of Completion for the Stormwater Management System shall not be issued prior to the issuance of thE~ Certificate of Completion for the Final Works. 3.11 Use of Maintenance Guarantee From time to time, the Municipality may appropriate the whole or any part of thE~ Security for the Maintenance Guarantee if the Owner fails to pay any cost(s) payable by the Owner to the Municipality under this Agreement. The amount(s) of such appropriation shall not exceed the amount(s) which in the opinion of the Director are required to remedy the Owner's breach(es) or default(s) as determined by the Director of correcting or remedying a deficiency(s) or defect(s) in the Works or a portion or component thereof, which is covered by the Maintenance Guarantee and is in question. Forthwith after thE~ Municipality makes any such appropriation, the Director shall give the Owner written notice thereof. Forthwith, after the giving of such notice, the Owner shall restore the Security for the Maintenance Guarantee to the full amount required by this Agreement. , . Page 24 3.12 Reduction and Release of Performance Guarantee (1) Prior to the release of the Performance Guarantee, in the discretion of the Director, the amount of the Performance Guarantee may be reduced, from time to time, to reflect the progress of completion of the Works and other facilities and improvements which are required to be constructed and installed by the Ownerr after taking into account any outstanding claims the satisfaction of which is provided for in this Agreement. The maximum reduction that may be permitted to be made by the Director is such that will leave on deposit with the Municipality's Director of Finance as the Performance Guarantee an amount equal to the sum of (1) the value of the uncompleted Works and the other facilities and improvements as determined by the Director having regard for the Works Cost Estimates then in force plus any amount determined by the Director but not to exceed twenty (20%) percent of such value as a completion allowance payable to the Municipality, and (2) as the Maintenance Guarantee fifteen (15%) percent of the value of thel completed Works, facilities and services, also determined by the Director afterr considering the material, if any, submitted to the Director by the Owner's Engineel~ in support of an application for reduction of the Performance Guarantee in respect of the Works that have been completed by the Owner as well as the contract documents, sub-contracts and supply contracts pertaining to the Works and thE~ provisions of the Construction Lien Act. (2) The Owner will not require the Municipality to release to the Owner any unused portion of the Performance Guarantee until each of the following conditions is satisfied: (a) A Certificate of Completion has been issued for the Works for which the Performance Guarantee was initially required to be deposited with the Municipality. (b) The Owner has deposited or has left on deposit with the Municipality the Maintenance Guarantee applying to the Works for which the Performance Guarantee initially was required to be deposited with the Municipality. (c) The Director is satisfied that in respect of the construction and installation of the Works for which such Performance Guarantee was initially required to be deposited with the Municipality, there are no outstanding claims relating to such Works. , . Page 25 (d) The Municipality is satisfied that there are no outstanding claims relating to the Works which the Municipality is required or may be permitted to pay either under the provisions of the Construction Lien Act or otherwise. (e) The Municipality is satisfied that the Owner is not in breach of any of its covenants contained in this Agreement. 3.13 Reduction and Release of Maintenance Guarantee The Owner agrees that the Municipality shall not be required to release to the Owner the Security for the Maintenance Guarantee until each of the following conditions are satisfied: (a) A Certificate of Acceptance has been issued for the Works for which such Maintenance Guarantee is required under this Agreement. (b) The Municipality is satisfied that there are no outstanding claims relating to such Works which the Municipality is required or may be permitted to pay either under the provisions of the Construction Lien Act or otherwise. (c) The Municipality is satisfied that the Owner is not in breach of any of its covenants contained in this Agreement. (d) With respect to all lots and blocks in the 40M Plan for which buildin~1 permits have been issued and Temporary Occupancy Permits have been received by the Owner, the Municipality is satisfied that within the one (1) year period of temporary occupancy under a Temporary Occupancy Permit the Director has received the Owner's Engineer's written confirmation that grading of the lots and blocks in question has been completed in accordance with the approved Grading and Drainage Plan. (e) The Director has received the as-constructed drawings for such Works from the Owner as well as the computer disks, if any have been prepared by the Owner's Engineer. 3.14 Payment of Municipality's Costs (1) The Owner shall reimburse the Municipality for all reasonable legal, planning, engineering and other technical advice, and administrative expenses actually incurred for the preparation and registration of this Agreement and the reasonable! , . Page 26 cost of all legal services contemplated by the terms of this Agreement. which include the review of the Performance Guarantee, the review of the Security for the Maintenance Guarantee and the preparation of a Certificate(s) of Release, provided that services have actually been performed for the Municipality. (2) The Owner shall pay to the Municipality Engineering and Inspection fees in accordance with the provisions of Schedule "R". (3) After giving reasonable notice to the Municipality, the Owner may inspect, durin~, regular business hours, such accounts, invoices, time records and othel" documents and calculations of charges for which the Municipality is requirin~l reimbursement pursuant to paragraph 3.14(1). 3.15 Unpaid Monies Except as otherwise provided in this Agreement, the due date of any money payable under it, unless a different due date is specified in this Agreement, shall be thirty (30) days after the date of the giving of the written invoice to the Owner. Interest shall bel calculated and be paid by the Owner to the Municipality on all sums of money of which the Owner is in default at the same rate, and in the same manner, and at the same timel as is the case with Municipality taxes which are in arrears at the date on which the default in question commences. 3.16 Occupancy Permit Deposit (1) Prior to the date of issuance of the first building permit for a dwelling proposed to be constructed on the Lands, the Owner and/or a person who has entered into an agreement with the Municipality containing terms satisfactory to the Municipality to assume the obligations of the Owner under this Agreement relating to a specific lot(s) or block(s) on the 40M Plan (the "Assuming Purchaser") shall deposit with the Municipality an irrevocable and unconditional letter of credit issued by a bank listed in Schedules "I" or "II" of the Bank Act acceptable to the Municipality'H Director of Finance, in the amount of $40,000.00 dollars (the letter(s) of credit are referred to as the "Occupancy Permit Deposit") to secure the performance of thE~ Owner's covenant to the Municipality under this Agreement that occupancy of any dwelling(s) on the Lands will not take place before an "Occupancy Permit" (aH defined in paragraph 4.10) is issued by the Director of Planning in respect of such dwelling(s) pursuant to paragraph 4.10. The letter of credit(s) shall contain termH satisfactory to the Municipality's Director of Finance. In the event that occupancy of a dwelling or dwellings occurs before the date of issuance of an Occupancy , . Page 27 Permit contrary to the provisions of paragraph 4.10. the Municipality may draw upon and appropriate from the Occupancy Permit Deposit the amount necessary to permit the Municipality to comply with the requirements of paragraph 4.10 on the! Owner's and/or the Assuming Purchaser's behalf and/or at the Owner's or the! Assuming Purchaser's cost, as the case may be. In the event that the Municipality so appropriates the whole or any part of the Occupancy Permit Deposit, forthwith after it and/or they are given written notice of the amount of the appropriation, thE! Owner and/or the Assuming Purchaser shall restore the Occupancy Permit Deposit to the full amount of $40,000.00 dollars. The Occupancy Permit Deposit or the unused portion thereof shall be returned to the Owner and/or the Assumin~1 Purchaser at such time as the last dwelling which may be constructed on thE! Lands is permitted to be occupied pursuant to an Occupancy Permit issued in accordance with this Agreement and are in good standing. If a letter(s) of credit is deposited as the Occupancy Permit Deposit, the Municipality agrees to permit its (their) replacement from time to time by the Owner and/or the Assumin~J Purchaser, as the case may be, provided that at all times the Occupancy Permit Deposit is maintained as is required by this paragraph 3.16(1). Following each such permitted replacement of a letter(s) of credit, the Municipality will return thel replaced letter(s) of credit to the Owner and/or the {Xssu~ing Purchaser. (2) The Occupancy Permit Deposit requirement referred to in paragraph 3.16(1) is based on the following "Occupancy Permit Scale" of the Municipality which is current on the date of execution of this Agreement. up to 10 units $ 10,000.00 11 to 50 units $ 20,000.00 51 to 100 units $ 30,000.00 101 to 250 units $ 40,000.00 (Phase 1) 251 to 500 units $ 60,000.00 over 500 units $100,000.00 The Owner agrees with the Municipality that the Municipality in its discretion may amend its Occupancy Permit Scale from time to time prior to the date on which the Occupancy Permit Deposit is deposited with the Municipality pursuant to paragraph 3.16(1). The Owner shall increase the amount of the Occupancy Permit Deposit in accordance with the Municipality's amended Occupancy Permit Scale forthwith after the Director of Planning gives written notice to the Owner requiring it to do so. In the event that the Owner does not increase the amount of the Occupancy Permit Deposit for a period of twenty (20) days following the givin~J of written notice by the Director to the Owner requiring an increase in the amount of the Occupancy Permit Deposit, (1) all Authorizations to Commence Works that have been issued shall terminate, and (2) the Owner shall not apply for or require , . Page 28 the issuance of any permits for the construction of buildings on any part of thE! Lands pursuant to the Building Code Act. (3) Prior to the issuance of a building permit for the first (1st) dwelling proposed to be: constructed in each Phase Subsequent to Phase I of the Development of the: Lands, the Owner will deposit with the Municipality, an Occupancy Permit Deposit in the amount produced by applying the Municipality's Occupancy Permit Scale! which is current at the date on which the Occupancy Permit Deposit is required to be lodged with the Municipality to the number of lots within the phase in question" The provisions of paragraph 3.11 (1) shall apply in respect of the Occupancy Permit Deposit for each Phase Subsequent to Phase I of the Development of the: Lands, with all necessary changes thereto being considered to have been made to give effect to the intent of this paragraph 3.16 (3). ARTICLE 4 - PLANNING 4.1 Tree Preservation Plan (1) Prior to the issuance of any Authorization to Commence Works the Owner shall have obtained the written approval of the Director of Engineering Services of at plan for the preservation of trees on the said Lands (the "Tree Preservation Plan"). The Director may at his discretion, vary in certain circumstances, which trees are! to be inventoried. Generally the plan should show: (a) the location and approximate size of all existing trees over 30.5 cm in circumference at 1.5 m above the ground; and (b) the location of all existing trees referred to in subparagraph (1) hereof intended to be removed during the development of the said Lands. (2) No work shall be done or caused or permitted to be done by the Owner to remove, destroy or damage any tree shown on the Tree Preservation Plan. No existin~l tree shall be removed until the Tree Preservation plan has been approved by thE! Director of Planning Services and the Director of Engineering Services. Thereafter an existing tree may be removed only if permitted by the Tree Preservation Plan. The Owner shall comply with the approved Tree Preservation Plan. In the event that any tree required to be preserved by the approved Tree PreservC\tion Plan is removed, destroyed or damaged, the Owner at its expense shall replace that tree with a tree of a height, calliper and species as determined by the Director in his discretion. , , Page 29 4.2 Landscaoina Plan and Landscaoina Reauirements (1) Prior to the issuance of any Authorization to Commence Works which are located within Phase I of the Development of the Lands, or a Phase subsequent tl? Phase 1 of the Development of the Lands, the Owner shall obtain the written approval of the Director of Planning Services and the Director of Engineering Services of thE! "Landscaping Plan" (as hereafter defined). (2) Prior to the execution of this Agreement, the Owner shall retain a qualified landscape architect acceptable to the Director of Planning Services and the Director of Engineering Services. The landscape architect shall prepare a draft landscaping plan showing for Phase 1 of the Development of the Lands showing, amongst other things required by the Director of Engineering, boulevard road areas and vegetation, trees to be planted thereon and fencing and screen plantin~, as required by paragraph 4.2(4). The draft landscaping plan shall conform with and implement the Municipality's landscaping design criteria, as amended from time to time, the approved Engineering Drawings and the other provisions of this Agreement. When the draft landscaping plan has been settled to the satisfaction of the aforesaid Director and approved, it is the "Landscaping Plan" for the purposes of this Agreement. (3) The Parties acknowledge that the Landscaping Plan contained in Schedule "U" hereto is the Landscaping Plan for the purposes of this Agreement. (4) Prior to the date of issuance of any Authorization to Commence Works which arE! located within a Phase Subsequent to Phase I of the Development of the Lands, the Owner shall obtain the written approval of the Director of Planning Services and the Director of Engineering Services to a draft Landscaping Plan for such subsequent Phase, and the provisions of paragraph 4.2(1) shall apply with all necessary changes thereto being considered to have been make to give effect to the intent of this paragraph 4.2(4). (5) The Owner agrees at its cost to satisfy the following requirements: (a) all lots in Urban Areas are to be sodded and all lots in Rural Areas are to bE! sodded or seeded, as may be required by the Director of Planning Services, within one (1) year of occupancy of the dwellings; (b) except where otherwise provided in the Municipality's Design Criteria and Standard Detailed Drawings, a minimum of one (1) tree per lot shall be , . Page 30 planted on the street allowances in accordance with the provisions of this paragraph 4.2(5); (c) all trees shall be planted in accordance with the approved Landscapin~1 Plan and the latest Municipal Guidelines and Standard Drawings. Prior to planting, Engineering staff shall be contacted to approve the tree nursery source, the quality of trees, the planting schedule and planting methods. Trees shall be maintained for the duration of the Maintenance Period by Gl qualified horticulturist, who shall certify the good health of all trees prior to acceptance by the Municipality; (d) screen planting and fencing shall be provided between residential uses and other uses in accordance with the Municipality's landscaping design criteria and the relevant Landscaping Plan; (e) fencing shall have a minimum height of one point eight (1.8) metres. Chain.. link fencing is not permitted except in areas abutting walkway, schools, parks, open space blocks and then only in accordance with the! Municipality's landscaping design criteria and the relevant Landscapin~, Plan; and (f) where wood fencing is proposed, it must be constructed either of pressure treated wood or wood of equivalent longevity in the opinion of the Director of Engineering, unless otherwise specified in this Agreement. (6) The Owner agrees, at its expense, to provide and install trees, vegetation and fencing and to satisfy the other requirements of the Landscaping Plan for Phase I of the Development of the Lands and the relevant Landscaping Plan for each Phase subsequent to Phase I of the Development of the Lands expeditiously during the construction of dwellings on the Lands. Any default by the Owner in satisfying any of the requirements of paragraph 4.2 may be remedied or corrected by the Municipality at the Owner's cost. Without limiting the Municipality's rights under any other provision of this Agreement, the Owner acknowledges and agrees with the Municipality that the Municipality may appropriate a portion of the Performance Guarantee to indemnify the Municipality in respect of the cost of remedying or correcting any such default of the Owner at any time when deemed necessary by the Director of Planning. Forthwith after, on each occasion, on which the Director of Planning gives the Owner written notice of the amount so appropriated, the Owner shall restore the Performance Guarantee to the amount required by this Agreement. , . Page 31 4.3 Use of Lands The Lands shall not be used for any purpose other than the purposes set out in Schedule "M" hereto, provided that such purpose is permitted by the Municipality's Zoningl By-law 84-63, as amended from time to time. 4.4 Lands Unsuitable for Building The Parties acknowledge and agree that the lot(s) or block(s) which are set out in Schedule "N" hereto are unsuitable for building purposes. The Owner will not make, cause or permit an application to be made for a building permit for the construction of any structure on any such lot(s) or block(s) until the conditions set out in Schedule "N" for such lot(s) or block(s) have been performed to the satisfaction of the Director of PlanninQl Services and the Director of Engineering Services and/or any other authority having jurisdiction in respect of the matter. At all times, the Owner shall maintain the lot(s) 01' block(s) set out in Schedule "N" in a condition acceptable to the Director of Planningl Services. 4.5 Lands ReQuirina Site Plan The Owner shall not make or cause or suffer any person(s) to make an application for a building permit in respect of any lot(s) or block(s) within the Plan which are set out in Schedule "0" until the Owner has received Site Plan Approval and has entered into a Site~ Plan Agreement with the Municipality respecting the development of such lot(s) 01' block(s) under Section 41 of the Planning Act, provided that any application for a building permit shall comply in all respects with the terms of the said Site Plan Approval and the Site Plan Agreement as well as all applicable laws. 4.6 ReQuirements for Building Permits The execution of this Agreement by the Municipality, the approval by the~ Municipality of the 40M Plan for Phase 1 of Development of the Lands or for any Phase Subsequent to Phase 1 of Development of the Lands, and the issuance of any Certificate of Acceptance of Works, do not constitute a representation or covenant by the Municipality to any person, nor shall be taken to be a warranty or representation by the! Municipality to the Owner or to any other person that building permits for buildings. proposed to be constructed on any portion of the Lands when applied for, will be issued. Without limiting the generality of the foregoing, the Owner will not apply for or cause 01' permit an application to be made by any person for a building permit for a buildingl proposed to be constructed on any of the Lands, made until the following requirements. are satisfied: , . Page 32 (a) All easements required to be transferred by this Agreement to the Municipality, the! Region of Durham or the appropriate hydro-electric utility in Clarington, and alii easements required to be transferred for the purpose of Utilities and Services. referred to in Schedule "H", and all easements required to be transferred or reserved for the purpose of drainage or access to the lot(s) or block(s) in respect of which an application for a building permit(s) is made, have been transferred to or reserved by the appropriate person as required by this Agreement. (b) All the roads which are required to be constructed to provide access to the, proposed building in accordance with this Agreement, have been constructed at least to the completed base course of asphalt, and the Director of Engineering Services has given the Owner his written approval of them as being sufficient to provide in his opinion adequate access to the proposed building(s). (c) All of the Works required including those to be constructed and installed under road(s) referred to in paragraph 4.6(b) have been constructed and installed to the, satisfaction of the Director. (d) All of the Utilities and Services required to be constructed and installed pursuant to Schedule "H" have been constructed and installed and have been accepted by the authority or company having jurisdiction over such Utilities and Services. Alternatively, the Municipality has received written confirmation from such, authority or company, as the case may be, that sufficient financial security(s) have been received by it (them) on which it or they may draw to payor to reimburse itself (themselves) in respect of the costs of the design, construction and installation of such Utilities and Services if the Owner fails to construct and install' them. (e) The Owner has provided the Director of Planning with a paper draft of the' registered Plan of Subdivision of the Lands. The Owner shall provide the Director of Planning with a mylar copy of such registered Plan of Subdivision forthwith after it is made available to the Owner by the Land Registry Office. (f) The Development Charges required to be paid by the Owner to the Municipality pursuant to paragraph 3.4 and Schedule "0" have been paid in respect of the lot(s) or block(s) for which application is made for a building permit. (g) The Owner has deposited with the Municipality the Occupancy Permit Deposit as required by paragraph 3.16 of this Agreement and it is in good standing. , . Page 33 (h) If the application for a building permit is for a building proposed to be constructed on any lot(s) or block(s) set out in Schedule "N", the Owner has satisfied thE! conditions with respect to the development of such lot(s) or block(s) set out in paragraph 4.4 of this Agreement. (i) If the application for a building permit is for a building proposed to be constructecl on any lot(s) or block(s) set out in Schedule "0", the Owner has entered into a Site Plan Agreement under Section 41 of the Planning Act with respect to the development of such lot(s) or block(s) in accordance with paragraph 4.5 of this Agreement. U) The Performance Guarantee and the Security for the Maintenance Guarantee! provided for in this Agreement have been deposited with the Municipality and are in good standing and all sums of money required to the Municipality by the Owner pursuant to this Agreement have been paid. (k) The applicant has submitted a Site Plan satisfactory to the Director and certified as being correct by the Owner's Engineer which demonstrates to the satisfaction of the Director that the final grades of the lot(s) or block(s) in respect of which the! application for a building permit(s) is made are appropriate for the building(s) proposed to be constructed thereon, the grading of the lot(s) or block(s) in question and the proposed access thereto conforms with the Grading and Drainage Plan approved by the Director for the particular lot(s) or block(s) as well as with the! Municipality's Design Criteria and Standard Detail Drawings. (I) The Owner has erected or caused to be erected a sign displaying all road(s), lot(s) or block(s) within the Plan sufficient to illustrate the future housing types and distribution, the location of any park, open space, school or commercial blocks proposed on the said Lands, as well as all future uses for lands which abut the said Lands as identified by an approved Official Plan, Neighbourhood Plan, or Hamlet Development Plan and/or an approved Draft Plan of Subdivision of such abutting lands, as may be applicable in the circumstances. (m) (i) The Owner has constructed access routes to the subdivision in satisfaction of the requirements of the Ontario Building Code and has installed all necessary watermains and hydrants which are fully serviced. (ii) During construction of any building fire access routes are provided and will be maintained continuously by the Owner as required by the Ontario Fire! Code, storage of combustible waste is maintained by the Owner in , , Page 34 accordance with the Ontario Fire Code, and the Owner does not permit or suffer open burning to occur contrary to the Ontario Fire Code. (Hi) The Owner complies with the Ontario Fire Code with respect to Combustible Waste and Open Burning. (iv) The Owner has agreed with the Municipality to have regard for the "Guidelines to Fire Prevention" published jointly by the Ontario Home Builder's Association and the Toronto Home Builder's Association in respect of construction of dwellings. (n) The Owner has received the written approval of the Director of Planning Services of the design of all dwelling(s) to be erected on Phase 1 of the Development of the Lands or on a Phase Subsequent to the Development of Phase 1 of the Lands confirming that the design of the dwellings satisfies the Architectural Control Standards contained in Schedule "W" hereto. (0) The Owner acknowledges and agrees that prior to the issuance of a building permit, through its acoustic engineer, to provide written certification to the Director of Planning Services, certifying that the Builder's plans are in accordance with the Noise Impact Study, as approved by the Municipality of Clarington and the Region of Durham. (p) The Owner has satisfied the requirements of paragraph 4.12 of this Agreement as are applicable in the circumstances. 4.7 Model Homes (1) Notwithstanding the provisions of paragraph 4.6 of this Agreement, the Owner may apply for building permit(s) for model home(s) to be used for sales display purposes which it proposes to construct on not more than ten (10%) percent of the total number of lot(s) within the registered Plan of Subdivision of the Lands, provided that: (a) each such application is in conformity with all By-laws of the Municipality, the Ontario Building Code Act and the Ontario Building Code; (b) all building permit fees, Occupancy Permit Deposits and the Development Levies provided for in this Agreement have been paid to or deposited with the Municipality as is required by law and this Agreement; Page 35 (c) the Owner has satisfied the Director that the final grades of the lot(s) or block(s) is appropriate for the proposed model home(s) and that such final grades are in compliance with the Grading and Drainage Plan; (d) the Owner has complied with the provisions of paragraphs 4.6(1) and 4.6(n} of this Agreement. (e) All the Works required to be constructed and installed under road(s} referred to in paragraph 4.6 (b) have been constructed and installed to the satisfaction of the Director. (2) Prior to the date of issuance of any building permit for a model home(s), the Owner shall obtain the approval of the Director of the proposed access to the model home(s) in question. In each case, such access shall be to the satisfaction of the Director and the Municipality's Director of Emergency Services Department. (3) Any model home(s) constructed on the Lands shall be used for sales display purposes only and shall not be occupied for any residential purpose until such time as the provisions of paragraphs 4.6 and 4.10 of this Agreement have been complied with. If such model home(s) is occupied for residential purposes contrary to the provision of this paragraph 4.7(3), then without derogating from any rights of the Municipality may have under this Agreement, a statute, a regulation, or a by- law, the provisions of paragraph 3.16 shall apply and shall be complied with by the Owner on each occasion that such unauthorized occupation takes place. (4) The Owner understands and agrees with the Municipality that if the Owner constructs or causes or permits any person to construct one (1) or more model home(s) on any part of the Lands prior to the day on which the watermains and hydrants on the Lands or any part of them are fully serviced and operational for fire protection purposes to the satisfaction of the Municipality's Director of Emergency Services Department, the construction and/or use of the model home(s) is entirely at the risk of the Owner. The Owner shall save the Municipality harmless and indemnify the Municipality from and against all actions, claims, liabilities, losses, damages and expenses, including reasonable legal fees, which arise by reason of construction and/or use of such model home(s). The provisions of paragraph 3.8(1) shall apply with all necessary changes to it being considered to have been made to give effect to the intent of this paragraph 4.7(4). Page 36 4.8 Architectural Control Standards Subject to paragraph 4.6(n) of this Agreement, all dwellings to be erected shalli satisfy the Architectural Control Standards as contained in Schedule "W" hereto. 4.9 Requirements for Sale of Lands Without derogating from any other provision of this Agreement the Owner shall not sell the Lands or anyone (1) or more portions of the Lands until each of the following conditions is satisfied: (a) the transfers of easements and transfers of lands referred to in paragraphs 2.4 and 2.5 have been registered in accordance with paragraph 2.6; (b) where a building permit has not been issued in respect of a lot(s) or block(s} shown on the Plan which is proposed to be sold, the Owner has obtained from the prospeCtive purchaser an enforceable covenant made directly with the Municipality by which such purchaser agrees with the Municipality, that prior to the issuance 01: a building permit for a building on the land in question, he will deliver to the Municipality, the Clarington Hydro-Electric Commission, other authority and/or company, as the case may be, any transfers of easements as in such lot(s) or block(s) which are required for Municipality, Region of Durham and Utilities and Services or drainage purposes, as determined by the Director, forthwith after written request by the Director therefore is given to the Owner; the Owner has, obtained from such prospective purchaser of a lot(s) or block(s), a licence to permit the Owner and/or Municipality, to enter on the lot(s) or block(s) in question in order to perform the Owner's obligations under this Agreement and to permit the Municipality to exercise its rights under this Agreement to correct or remedy 81 default of the Owner in such performance; (c) the Owner has obtained from such prospective purchaser of a lot(s) or block(s), 81 licence to permit the Owner and/or Municipality, to enter on the lot(s) or block(s) in question in order to perform the Owner's obligations under this Agreement and to permit the Municipality to exercise its rights under this Agreement to correct or remedy a default of the Owner in such performance; (d) the Performance Guarantee, the Security for the Maintenance Guarantee and all cash deposits or letters of credit required by this Agreement have been deposited with the Municipality and all letters of credit deposited with the Municipality are in good standing; and , , Page 37 (e) the Owner has included in the agreement of purchase and sale of the Lands or the, lease of lot(s) or block(s) on the Plan which is entered into by the prospective purchaser(s) or lessee(s) as the case may be the following provisions: . a notice that the Lands are subject to the covenants and obligations set forth in this Agreement; . setting out the Municipality's Traffic By-law 91-58 pertaining to on-street parking; . setting out information that satisfies Subsection 59(4) of the Development Charges Act, 1997; .. a notice regarding the type of mail service and the location of mail boxes; . setting out the Municipality's Gate Access to Municipal Open Space Policy; . The following notice acknowledging the potential location and maintenance of any fencing that is to be installed by the Owner: 1. Noise attenuation fencing - Where noise attenuation fencing is a required feature as specified in the Noise attenuation report to assist in reducing the dBA noise levels on private property, said fencing is to be located on the private property portion of the lot and/or block in questions and is to be constructed in compliance with the recommendations of the noise attenuation report. The maintenance of said fencing is the responsibility of the home owner/purchaser. of said lot and/block, unless otherwise noted within the Subdivision Agreement. 2. Chain link fencing - Where chain link fencing is a required feature between any lot and/or block and a park, open space block or walkway, said chain link fencing is to be located on the public portion of the abutting lot and/or block in question and constructed in compliance with the Municipality's Design Criteria and Standard Drawings. The maintenance of the chain link fencing is the responsibility of the Municipality, unless otherwise noted within the Subdivision Agreement. 3. Privacy fencing - Where privacy fencing is a required feature said privacy fencing is to be located on the shared property line of the lots and/or blocks in questions and constructed in compliance with the Municipality's Design Criteria and Standard Drawings. The maintenance of the privacy fencing is the shared responsibility of the abutting home owners/purchasers of the lot and/or block in questions, unless otherwise noted within the Subdivision Agreement. , . Page 38 The following Warning clause shall be attached to all offers of purchase and sale of dwellings on all lots and blocks as shown on the 40M-Plan for all phases of the Lands: "The Purchaser acknowledges that the lot shall be graded by the purchaser's builder, in accordance with plans approved by the Municipality of Clarington, and that issues regarding quality of workmanship should be directed to the purchaser's builder. Such lot grading may be required to accommodate drainage from surrounding lands and may include swales, slopes, retaining walls and, whem applicable, sewers and catchbasins on easements. In order to accommodate existing constraints such as existing topography, existing physical features on adjacent lands, the final grading design may vary from the Municipality's guidelines, as determined appropriate by the Director of Engineering Services. ThE~ purchaser should be aware that these measures may limit the use of certain areas of their property and must satisfy themselves with respect to the final grading of their lot". . The Clauses contained in paragraphs 4.12(50), 4.12(51) and 4.12(55) within the offers of the Lots/Blocks as described therein. 4.10 Reauirements for Occupancy Permit (1) Notwithstanding the requirements of any statute, regulation or by-law respectin!~ the issuance of any permit authorizing or permitting the occupancy of any buildingl, the Owner shall not occupy or cause or permit any building on the said Lands to bl3 occupied without the written permission of the Municipality (the "Occupancy Permit") having been given. In addition to satisfying the other requirements of this Agreement, an Occupancy Permit shall not be issued to any person for any building until the following requirements are satisfied: (a) all of the roads which are required to be constructed under this Agreement, and which will provide access to such building, have received thl3 application of the base course of asphalt, to the written satisfaction of thl3 Director and the required street lighting system has been installed and energized, all at the cost of the Owner; (b) all of the storm drainage system required to be constructed and installed to service such building has been constructed and installed to the written satisfaction of the Director, and such building has been connected thereto; (c) all of the Utilities and Services, with the exception of telephone and cable TV., which are required to be constructed, installed and connected to the building pursuant to Schedule "H", have been so constructed, installed and connected to the written satisfaction of the Director, the Clarington Hydro- Page 39 Electric Commission or the authority or company having jurisdiction over such Utilities and Services, as is appropriate; (d) the building has been connected to and is serviced by a water supply and sewage disposal system to the written approval of the Region of Durham; (e) either the Owner's Engineer has provided the Director with his written certification that the lot(s) or block(s), on which such building is located ha:s been developed in conformity with the Grading and Drainage Plan, or the Owner has given written approval by the Director to vary the requirements of the approved Grading and Drainage Plan with respect to the lot(s) or block(s) in question; and (f) the building has been finally inspected and approved pursuant to thl3 Building Code Act, the Ontario Building Code and the Plumbing Code. (2) Notwithstanding the provisions of paragraph 4.10(1 )(e), the Owner may be issued a permit (the "Temporary Occupancy Permit") by the Director of Planning to permit the temporary occupancy of a dwelling provided that the Owner establishes to thl3 satisfaction of the aforesaid Director that it has been unable to comply with the requirements of paragraph 4.10(e) by reason of seasonal, weather or other conditions which are considered by the Director, in his discretion, to be beyond this control of the Owner. Prior to the issuance of a Temporary Occupancy Permit this Owner shall establish, to the satisfaction of the Director of Planning that this provisions of paragraphs 4.10(1 )(a), (b), (c), (d) and (f) have been satisfied. Th,e Owner also shall provide to the aforesaid Director the written confirmation required by paragraphs 4.10(1)(e) within one (1) year from the date of the commencement of the Temporary Occupancy Permit respecting the dwelling in question. Until such written confirmation is provided to the aforesaid Director, the Municipality may retain the Occupancy Permit Deposit provided for by paragraph 3.16 of this Agreement, whether or not a Temporary Occupancy Permit has been issued. If the Owner does not comply with the approved Grading and Drainage Plan within ten (10) days, excluding Saturday and Sunday, after being required to do so by written notice given to the Owner by the Director, the Municipality may appropriate the approved Grading and Drainage Plan, as determined by the Director in his discretion, provided that the Director shall give written notice to the Owner forthwith after making each such appropriation of the amount of the appropriation in question. If the written confirmation which is required by paragraph 4.10(1 )(e) is not provided to the aforesaid Director within one (1) year of the date of issuance of a Temporary Occupancy permit, no person shall occupy the dwelling in respect of Page 40 which a Temporary Occupancy Permit has been issued until an Occupancy Permit respecting the dwelling has been issued pursuant to paragraph 4.10(1). (3) The Owner acknowledges and agrees that prior to the issuance of a "Temporary Occupancy Permit" referred to in paragraph 4.10(2), the Owner through its qualified Acoustic Engineer approved by the Director, has confirmed in writing to the Director of Planning Services, that the dwelling in question has been constructed in accordance with the approved Noise Impact Study referred to in paragraph 4.12(49), 4.12( 50) and 4.12(51) of this Agreement. 4.11 Cash in lieu of Lands for Park or other Public Recreational Purposes Without derogating from the other provisions of this Agreement, on the execution of this Agreement, the Owner shall pay to the Municipality in cash the amount of money in lieu of the transfer of land to the Municipality for parks and other public recreational purposes which is set out in Schedule "F". 4.12 Special Conditions (1) Prior to the issuance of a building permit for any building proposed to bH constructed on the Lands the Owner shall provide fire access routes as required by Subsection 3.2.5.2(e) of the Ontario Building Code and maintain them thE~ satisfaction of the Municipality's Director of Emergency Services. (2) In cases in which an Appropriate Authority determines that the well or private water supply of any person is interfered with either as a result of the grading of, construction on, or the development of the Lands or any portion of the Lands, or a8 a result of the construction or installation of any of the Works, the Owner, at its cost, either shall connect the affected person to the Municipal water supply system or shall provide a new well or private water system so that water supplied to the affected person shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected person prior to the interference. (3) The Owner shall comply with the provisions of Schedule "Q", Schedule "S" and Schedule "V" hereto. (4) Any deadends and/or open side of road(s) allowances created by this draft Plan shall be terminated in zero point three (0.3) metre reserve(s) which shall be transferred to the Municipality. Paragraphs 2.5 and 2.6 apply in respect of such Page 41 transfers with all changes necessary being considered to have been made to them and give effect to this paragraph 4.12(4). (5) Without derogating from paragraph 4.12(2), in cases in which the Appropriate Authority has determined that the well or private water supply of any person is interfered with, the Owner shall at his expense either connect the affected party to a municipal water supply system or a private system so that water supplied to thE3 affected party shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. (6) The Owner shall to provide the Director of Planning Services, on disk in a CAD format acceptable to the Municipality, a copy of the Plan of Subdivision as drait approved and the proposed 40M-Plan. (7) The Owner acknowledges and agrees where the Director of Planning Services and Director of Engineering Services determinel an Adult Crossing Guard is required due to safety concerns for children crossing a street where such safety concerns are raised by vehicular traffic from construction activity or altered vehicular traffiG patterns due to construction activity, the Owner will reimburse the Municipality the costs attributed by the aforesaid Directors of the Municipality's placement of an Adult Crossing Guard on a temporary basis forthwith after being required to do so by written notice given him by the Director of Planning Services. The Owner also acknowledges and agrees the length of time that the temporary Adult Crossing Guard is required will be determined by the aforesaid Directors in their sole discretion. (8) The Owner acknowledges and agrees at his cost, to display plans, which clearly indicate the land uses surrounding the approved plan of subdivision and that shows the following facilities: . existing and future roads and interchanges by type; . existing and future high-tension hydro transmission towers/corridors; . existing and future sidewalks/bicycle paths and trails; · railway lines; . existing and future transit routes; . community mail boxes; . storm water management ponds, blocks and related facilities; . existing and future school by type; . existing and future commercial areas by type; . existing and future parks by type; . existing and future areas of different residential densities; . fencing by type (ie. noise attenuation, chain link, wooden); and . other facilities specified by the Director of Planning Services. Page 42 The Owner further agrees that the display and marketing materials are to bH submitted to the Director of Planning Services and the Director of Engineerin~) Services for approval. Said plans and materials must receive approval prior to issuance of the first permit for a building or structure to be constructed on any Part of the Lands. (9) The Owner acknowledges and agrees to provide and display in the salel; office/model home/sales pavilion, prior to the issuance of any building permit relating to any lot or block on the Plan a copy of the approved Engineering- General Plan of the Lands as it may be amended from time to time. Furthermore, the Owner acknowledges and agrees to ensure that any amendments to the approved Engineering-General Plan of the Lands, as finally approved and on file with the Director of Engineering Services are displayed within the sales office/trailer/pavilion/model homes immediately after they an~ approved. (10) The Owner acknowledges and agrees if at any time the required display plans and information approved by the Director of Planning Services and/or Engineering-General Plan of the said Lands is not displayed in the sales as approved by the Director of Planning Services and the Director of Engineerin!~ Services is not displayed in the sales office/model home sales/pavilion, the Chief Building Official of the Municipality may refuse to issue further building permits for any lots/blocks on said lands subject to this Agreement until such time the required display plans and information and/or approved Engineering-General Plan of the said Lands are so displayed. (11) The Owner acknowledges and agrees to display the following notice on thl3 Lands: "Any enquiries regarding the approved land uses and zoning of this subdivision or the surrounding area can be directed to the Municipality of Clarington Planning Services Department, 40 Temperance Street, Bowmanville, Ontario, L 1 C 3A6 or by calling (905) 623-3379". "Any enquiries regarding the proposed engineering design, lot grading, utility coordination or general construction can be directed to the Municipality of Clarington Engineering Services Department, 40 Temperance Street, Bowmanville, Ontario, L 1 C 3A6 or by calling (905) 623-3379." The Planning Services Department will provide this notice to the Owner so that it may be displayed by the Owner. Page 43 (12) The Owner acknowledges and agrees to retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Engineering Services for review and approval. All plans and drawings must confirm to the Municipality's Design Criteria, as amended, from time to time and must detail the collection and configuration of the on-site storm sewer system (minor system) and the conveyance of the overland flow (major system) from draft Plan of Subdivision 18T-92014. (13) The Owner acknowledges and agrees to acquire at its cost Block 77 on Plan 40M-1675 and transfer to the Municipality free and clear of all encumbrances and restrictions. Should the Municipality acquire Block 77 on Plan 40M-1675, the Owner will reimburse the Municipality for the costs of acquiring said block for the construction of stormwater management works for the watershed prior to the execution of this Agreement. (14) The Owner acknowledges and agrees that the south side of Street 'B', as shown on draft Plan of Subdivision 18T-92014, must be fully serviced with water, sanitary sewer, storm sewer, hydro, telephone, gas and cable television for any future lots which may front onto the south side of Street 'B', now identified a:; George Reynolds Drive on the 40M-Plan for Phase 1 of the Development of thE~ Lands. The servicing of the future lots on the south side of Street "B' shall be in configuration acceptable to the Director of Planning Services and Director of Engineering Services. (15) The Owner acknowledges and agrees to be responsible for the implementation of traffic related improvements deemed necessary by the Director of Engineerin!~ Services to service this subdivision as indicated in the Hancock Neighbourhood Plan Site Traffic Analysis prepared by RGP Transtech Inc., dated October, 1997'. Specific improvements will be determined at the detailed engineering review staff with consideration given to the conclusions in Section 9 of the Traffic Analysis. The timing of the implementation of any traffic control measures shall be determined at the discretion of the Director of Engineering Services. (16) The Owner acknowledges and agrees that Lots 85 to 87 as shown on the dra1=t Plan of Subdivision, now shown on the draft 40M-Plan as Blocks 90 to 92, cal1 only be developed at such time as Street 'F' as shown on the draft Plan of Subdivision has been constructed to the satisfaction of the Director of Engineering Services. Page 44 (17) The Owner acknowledges and accepts responsibility for 100% of the cost of any works, road or drainage related, that are associated with providing a suitable road connection for Street 'B' as shown on draft Plan of Subdivision 18T -92014 and Hancock Road. The works deemed necessary to facilitate a suitable connection shall be determined at the discretion of the Director of Engineerin~J Services. (18) The Owner acknowledges and agrees that Street 'E' as shown on draft Plan of Subdivision 18T92014, now identified as Wilbert Hoar Court on the 40M-Plan for Phase 1 of the Development of the Lands must be constructed in conjunction with the other Streets within this plan of subdivision. (19) The Owner acknowledges and agrees prior to the registration of Phase 1 of thE~ development of said lands to make the front end payments to the Municipality for the amounts stated in the Macourtice Front-Ending Agreement entered into between the Municipality and Macourtice Developments Inc. prepared by G.M. Sernas and Associates dated April, 1997 and as finally approved by the Director of Engineering Services. (20) The Owner acknowledges and agrees that the phasing or development of this plan of subdivision will be dependent upon the construction of the stormwater management works for this watershed, external servicing and the construction and funding of external road improvements. The proposed phasing of this draft plan shall conform to the recommendations contained in the Hancocl< Neighbourhood Plan Development Phasing document, dated February 1998, prepared by G.M. Sernas and Associates and will be subject to the approval of the Director of Engineering at the engineering drawing approval stage. (21) The Owner acknowledges and agrees that all aspects of municipal servicin!~ must be implemented in accordance with the recommendations of the Hancock Neighbourhood Plan Development Phasing document, dated February 1998, prepared by G.M. Sernas and Associates and as finally approved by the Director of Engineering Services. (22) The Owner acknowledges and agrees that the location of the future trunk sanitary sewer servicing lands situated north of the Hancock Neighbourhood must be finalized. The ultimate location must not adversely affect the roads, parks or parkettes within the Hancock Neighbourhood. Page 45 (23) The Owner acknowledges and agrees to provide full urban services (sanitary sewer, watermain and storm sewer connections) to Lot 95 as shown on draft Plan of Subdivision 18T-92014, now identified as Lot 89 on the 40M-Plan located on Nash Road. (24) The Owner acknowledges and agrees that residential Lots 40 to 70, as shown 011 draft Plan of Subdivision 18T-92014, are situated adjacent to lands designated as a woodlot and must not interfere with the natural drainage from the woodlot to Streets 'A' and 'B', as shown on draft Plan of Subdivision 18T-92014. Additionall measures such as rear yard catch basins, external easements and swales may be required at the discretion of the Director of Engineering Services. (25) The Owner acknowledges and agrees that the forest edge management plan for Lots 40 to 70, as shown on the draft Plan of Subdivision 18T-92014, now identified as Lots 40 to 67 and Block 93 on the 40M-Plan for Phase 1 of the Development of the Lands, may require an amendment in consideration of thl3 Municipality's lot grading guidelines and municipal servicing. Any trees in the opinion of the Director of Engineering Services, which are in conflict with lot grading or municipal servicing and cannot be saved, will be designated for removal. (26) The Owner acknowledges and agrees that the final engineering design of thl3 major flow route must minimize the placements of fill within the subdivision. (27) The Owner acknowledges and agrees that the stormwater management works necessary for this watershed and draft Plan of Subdivision must be constructed at the Owner's expense in accordance with the East (Macourtice) Tributary of Black Creek Master Drainage Study, dated August 1991, prepared by G.M. Sernas and Associates and as finally approved by the Director of Engineerin!;} Services. (28) The Owner acknowledges and agrees to provide the Engineering Services with a Stormwater Management Implementation Report which provides for thiS sequential construction of the stormwater management works necessary for thiS entire watershed and addresses the impact of developing draft Plan of Subdivision 18T-92014 in the absence of the balance of the watershed. ThiS required report shall be subject to the approval of the Director of Engineering Services. Page 46 . (29) The Owner acknowledges and agrees that the Engineering Design drawings will implement the principle that storm water drainage under minor and major storm conditions within this draft Plan of Subdivision 18T-92014 and must be directed to open space lands whenever possible. (30) The Owner acknowledges and agrees to provide a water supply contingency plan satisfactory to the Director of Engineering Services for the supply of water to the affected parties in the event that during the servicing of draft Plan of Subdivision 18T-92014 the groundwater table has been impacted. This Plan may include the provision for the extension of water mains, if deemed necessary by the Director of Engineering Services. (31) The Owner acknowledges and agrees to be responsible for the construction at its expense or to provide a financial contribution to the Municipality towards thH construction of any downstream erosion protection works which in the opinion of the Director of Engineering Services which were caused or aggravated by development of this draft plan of subdivision. (32) The Owner acknowledges and agrees that all works and facilities necessary for groundwater management must be constructed in accordance with the Environmental Impact Statement (Courtice North 3CII) dated 1996, prepared by Ecoplans Ltd. and as finally approved by the Central Lake Ontario Conservation. (33) The Owner acknowledges and agrees that appropriate provision must be madE3 for on-street parking in accordance with current municipal policies. (34) The Owner acknowledges and agrees to establish a geodetic benchmark in the vicinity of Regional Road 34 and the future George Reynolds Drive which will serve as vertical control for the Hancock Neighbourhood. The Owner will be responsible for 100% of the cost of establishing the geodetic benchmark. (35) The Owner acknowledges and agrees that the development of draft Plan of Subdivision 18T-92014 cannot proceed to construction until such time as tht3 Municipality has approved the expenditure of funds for the provisions of roads, street lighting or sidewalk improvements on Nash Road and Hancock Road. (36) The Owner acknowledges and agrees that as a condition of approval to permit the installation of services within the Nash Road pavement structure, the Own€~r is required to restore the Nash Road pavement structure. Nash Road must bl3 restored to a rural standard constructed on an Urban road profile includin!~ Page 47 appropriate granular base, sub-base and base asphalt, from Street 'A' as shown on draft Plan of Subdivision 18T-92014 westerly to the limit of the future! stormwater management pond, in accordance with the Municipality's design standards and specifications and to the satisfaction of the Director of Engineering Services. (37) The Owner acknowledges and agrees that development of draft Plan of Subdivision 18T-92014 cannot proceed until such time as the Municipality has approved the expenditure of funds for the construction of the Neighbourhood Park, as well as any other external works or services which have been included in the Municipality's Development Charges By-law and have been deemed necessary by the Director of Engineering Services to service this development. (38) The Owner acknowledges and agrees that all work and services must bE~ designed and constructed in accordance with the Municipality of Clarington design criteria and standard drawings, the provisions of the Municipality of Clarington Development Charges By-law 92-015 and all applicable legislation to the satisfaction of the Director of Engineering Services (39) The Owner acknowledges and agrees that prior to anyon-site grading or construction or final approval of the plan, the Owner shall submit to and obtain the approval from the Conservation Authority for the following reports: · the intended means of conveying storm water flow from the site, includin~l use of storm water techniques; · the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been undertaken; and · the means whereby erosion and sedimentation and their effects will be minimized on the site during and after construction, in accordance with provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site, or other related works, to comply with the Canadian Fisheries Act. (40) The Owner acknowledges and agrees that prior to final approval of the plan or any site alteration to submit and obtain the approval from the Central Lake Ontario Conservation Authority, the Director of Engineering Services and thE3 Director of Planning Services for: · the forest edge management plans for Lots 12 to 70, as shown on the dra1t Plan of Subdivision 18T-92014, now identified as Lots 12 to 67 and Block 9:3 on the 40M-Plan for Phase 1 of the Development of the Lands detailin!~ measures to be implemented to protect the forest edge, including but not limited to, soil compaction, buffers and drainage; Page 48 · detailed design and location plans of all groundwater infiltration measures to be incorporated on site; and, · an environmental construction management plan, which details the construction timing, and specifications for all environmental impact mitigation measures, including project management and site supervision. (41) The Owner acknowledges and agrees to develop the draft Plan of Subdivision 18T-92014, in accordance with the plans, reports and recommendations, as required through paragraphs 4.12 (39) and 4.12 (40). (42) The Owner acknowledges and agrees to maintain the existing paige wire farm fence along the west property limits of Lots 12 to 39 and the north property limits of Lots 40 to 70, all as shown on draft Plan of Subdivision 18T-92014, now identified as Lots 12 to 39 and 40 to 67 and Block 93 on the 40M-Plan for Phase 1 of the Development of the Lands during the period of construction, to thE~ satisfaction of the Director of Engineering Services. (43) The Owner acknowledges and agrees to install temporary fencing with filter fabric attached, at least two (2) metres outside of the drip line for the woodlotl; adjacent to Lots 12 to 70, all as shown on draft Plan of Subdivision 18T-92014, prior to any construction occurring on said Lots. (44) The Owner acknowledges and agrees to install permanent chain-link fencin~~ along the west property limits of Lots 12 to 39 and the north property limits on Lots 40 to 70, all as shown on draft Plan of Subdivision 18T-92014, now identified as Lots 12 to 67 and Block 93 on the 40M-Plan for Phase 1 of thE~ Development of the Lands prior to any construction occurring on Lots 12 to 67, Block 93, as shown on the 40M-Plan for Phase 1 of the Development of the Lands in accordance with the provisions of the Environmental Impact Statement, Courtice North 3CII, Ecoplans Limited, 1996 and the Municipality's design standards and specifications. (45) The Owner acknowledges and agrees that satisfactory arrangements, financial or otherwise, will be made with Bell Canada for any Bell Canada facilities servin!~ this draft Plan of Subdivision. Furthermore, such facilities will be' installed underground. (46) The Owner acknowledges and agrees to grant Bell Canada any easements, ill wording satisfactory to Bell Canada, which may be required for telecommunication services. Page 49 (47) The Owner acknowledges and agrees that prior to the registration of the plan; the Owner shall enter into an Option Agreement with the Kawartha Pine Ridge District School Board for the purchase of a portion of the school site to thE~ satisfaction of the School Board. (48) The Owner acknowledges and agrees to retain a qualified Hydrogeologist to monitor private water supplies potentially affected by the development prior to, during and after subsurface construction, to the satisfaction of the Region of Durham. (49) The Owner acknowledges and agrees to implement the recommendations of the report, entitled "Noise Impact Study, Plans of Subdivision 18T-94027 (Rev.) and 18T-92014 (Rev.), Municipality of Clarington", prepared by G.M. Sernas and Associates, dated January 27, 1998 and addendum dated March 23, 1998 or any revisions thereto which specifies noise attenuation measures for thE~ developments. The measures shall be included in the Subdivision Agreement and must also contain full and complete reference to the noise report (ie. author, title, and any revisions/addenda) and shall include any required warning clauses identified in the study. The Owner shall provide the Region of Durham with a copy of the Subdivision Agreement containing such provisions prior to final approval of the plan. (50) The Owner acknowledges and agrees that the following warning clauses will bE~ inserted/attached to all offer of Purchase and Sale of dwellings for the lots/block!) on the 40M-Plan as noted: · All lots on 18T-92014, now shown as Lots 1 to 89 and Blocks 90 to 93 on the 40M-Plan for Phase 1 of development of the Lands - "Purchasers are advised that despite the inclusion of noise abatement features within the development area, noise levels from future road traffic may be of concern, occasionally interfering with some activities of thl~ dwelling occupants as noise levels may exceed the Ministry of Environment'8 noise criteria." · Lots 1, 2, 63 to 70 inclusive, 93, 94 and 95 as shown on draft Plan of Subdivision 18T-92014, now shown as Lots 1, 2, 60 to 67 inclusive, 87, 813 and 89 on the 40M-Plan for Phase 1 of the development of said Lands - "This dwelling unit was fitted with ducting sized to accommodate a central air conditioning unit. The installation of central air conditioning by the home owner will allow windows to be kept closed, thereby achieving indoor noiSI~ levels within limits recommended by the Ministry of Environment. (Note: can~ should be taken to ensure that the condenser unit is located in an area that i:s Page 50 not sensitive to noise). The sound rating of central air conditioning units must not exceed the sound emission standards established by the Ministry of Environment. " (51) The Owner acknowledges and agrees to construct noise attenuation fencing in the following locations. Said fencing will be designed in compliance with the recommendations of the Noise Impact Study as described within paragraph 4.12(50). · Lot 1 on draft Plan of Subdivision 18T-92014, now shown as Lot 1 on the 40M-Plan for Phase 1 of development of said Lands - "Along the westerly and southerly lot line, connecting to the southerly wall of the dwelling unit as shown on drawing N-003, project number 91119. Furthermore, a gate providing access to the rear yard will be provided alon~~ the most easterly portion of the noise fence connecting to the southerly waU of the dwelling unit. The gate is to be designed and constructed in compliance with the recommendations and intent of the Noise Impact Study." · Lot 94 on draft Plan of Subdivision 18T-92014, now shown as Lot 88 on thE~ 40M-Plan for Phase 1 of development of the said Lands - "Along the easterly and southerly lot line, connecting to the southerly wall of the dwelling unit, as shown on drawing N-003, project number 9119. Furthermore, a gate providing access to the rear yard will be provided alon!~ the most westerly portion of the noise fence that connects to the southerly wall of the dwelling unit. The gate is to be designed and constructed in compliance with the recommendations and intent of the Noise Impact Study." (52) The Owner acknowledges and agrees to dedicate Block 103 for park purposes., free and clear of all encumbrances and restrictions in a condition satisfactory to the Director of Engineering Services. Any over dedication of parkland provided by the Owner in this draft plan, Draft Plan of Subdivision 18T-94027, and any other lands acquired by the Owner in the Hancock Neighbourhood for which the Owner requires reimbursement, shall be done so in consideration of the terms and provisions contained within this Agreement. (53) The Owner acknowledges and agrees to provide a temporary intersection configuration at the intersections of Streets 'A' and 'B', as shown on draft Plan of Subdivision 18T-92014. No portion of Street 'A', situated north of Street 'B', shall be constructed until such time as the Owner has entered into an appropriat1e development agreement for the lands situated immediately to the north of this subdivision. Building permits for Lots 40 to 42, inclusive, as shown on draft Plan of Subdivision, now identified as Block 93 on the 40M-Plan for Phase 1 of th'e development of said Lands, at the end of Street 'A' will not be issued until such time as the adjacent lands to the north are developed and the roadway has been Page 51 extended and constructed to a finished urban standard, including regional services, asphalt paving, curb and gutter, sodded boulevard, sidewalk, street trees and street lighting for the entire frontage width of the Blocks in question. Due to the lack of a defined timeframe for the extension of Street "A' to the north , the temporary intersection configuration must be constructed to an urban road standard. Furthermore, the Owner acknowledges and agrees that when the Director of Engineering Services requires the temporary intersection configuration to be removed and/or altered, all costs associated with the removal and/or alteration are the responsibility of the Owner. (54) Pursuant to the provisions of Draft Condition of Approval, number nine (9), any over dedication of parkland provided by the Owner in draft Plan of Subdivision 18T-92014, draft Plan of Subdivision 18T-94027, and any other lands acquired by the Owner in the Hancock Neighbourhood for which the Owner require!~ reimbursement shall be included in final over dedication of parkland calculations. The Owner and Municipality acknowledges the parkland dedication identified on the draft 40M-Plan as Block 103, being 1.7348 hectares in size is an over dedication of 1.1935 hectares. This calculation is based on 10.8260 hectares being the total area of submission of draft Plan of Subdivision 18T-92014 at thE~ time draft approval was granted July 28th, 1999 by the Ontario Municipal Board. The area calculations noted above for Block 103 and the limits of draft Plan of Subdivision 18T-92014, were provided by J.D. Barnes Limited. The Owner and the Municipality acknowledges and agrees that no later than thirty (30) days after the Hancock Neighbourhood Park has been constructed to the satisfaction of the Director of Engineering Services, the Municipality will pay to Claret Investments Limited and 1361189 Ontario Limited the dollar valul3 representative of the over dedication received by the Municipality for draft Plan of Subdivision 18T -92014, draft Plan of Subdivision 18T -94027 and any other lands acquired by the Owner in the Hancock Neighbourhood, based on the land valu,e of draft Plan of Subdivision 18T-92014, being determined as the day before dra.ft approval was issued on July 28th, 1999, in compliance with the provisions of the Ontario Planning Act. Furthermore, the Owner acknowledges and agrees to retain a qualified AppraisElr to the satisfaction of the Director of Planning Services to ascertain the land valu,e of draft Plan of Subdivision 18T-92014 on July 2th, 1999. Said appraisal is to , . Page 52 be submitted to the Municipality prior to the registration of Phase 1 of the! Development of said Lands. (55) The Owner acknowledges and agrees to prepare stewardship guidelines in thE! form of Homeowner Education Program to encourage stewardship of the open space lands and to educated homeowners about the unique sensitivities associated with the open space lands. Residents should be made conscious of the significance of the wetlands as well as the impact users have on thE! wetlands. The guidelines shall discourage the disposal of garden refuse, and the disposal of swimming pool/hot tub water. The guidelines shall be submitted to the Director of Planning Services for his review and if appropriate, his approval prior to the issuance of the first building permit. The guidelines shall be provided to all homeowners through their Purchase and Sale Agreement. ARTICLE 5 . PUBLIC WORKS 5.1 Municipality Works Reauired The Owner at the Owner's expense shall construct and install the facilities, services, works, improvements and landscaping more particularly described in SchedulE~ fiG" hereto (collectively in this Agreement are called the "Works"). From the date of issuance of the Authorization to Commence Works until the date of issuance of a Certificate of Acceptance of them the Owner shall be fully responsible for the construction and maintenance of the Works including the cost thereof in accordance with the provisions of this Agreement. After the issuance of a Certificate of Acceptance, the Works referred to in such Certificate shall be the responsibility of the Municipality. 5.2 Utilities and Services Reauired Either prior to or forthwith after the date of this Agreement, the Owner shall enter into an Agreement(s) with the authorities or companies or company having jurisdiction in respect of the Utilities and Services referred to in Schedule "H" in the area in which thE~ said Lands are located which provides for the matters referred to in Schedule "H". 5.3 Owner's Enaineer (1) At all times until this Agreement is released, the Owner shall retain the Owner'8 Engineer who shall perform the duties set out in Schedule "I". On the execution of this Agreement and on each occasion on which a new Owner's Engineer i8 retained by the Owner, forthwith after retaining the Owner's Engineer, the Owner Page 53 shall give the Director written notice of the name, address and telefax number of the Owner's Engineer. No partnership, association of persons or corporation shall be retained as the Owner's Engineer without the prior written approval of thE~ Director. All notices to be given to the Owner's Engineer are properly given if given by personal service, by telephonic facsimile communication, or first class prepaid post addressed to the Owner's Engineer at the address or telefax number provided to the Director pursuant to this paragraph 5.3. Forthwith after the Director gives the Owner written notice requiring it to do so, the Owner shall give the Director written notice advising him whether or not the approved Owner's Engineer continues to be retained by the Owner. (2) If at any time following the execution of this Agreement until the day on which a Certificate(s) of Acceptance has been issued for all of the Works in accordance with this Agreement, the Owner's Engineer resigns, abandons his office or is terminated by the Owner, the Owner shall give the Director written notice of that fact within three (3) days from the date of the resignation, abandonment or termination, as the case may be. Until such time as the Owner retains and notifies the Director of the name and address of a new Owner's Engineer who is qualified to be approved by the Director pursuant to this Agreement and who in fact is approved by the Director, the Owner hereby authorizes the Director on the Owner's behalf and the Owner's cost to appoint a new Owner's Engineer, provided that (1) forthwith after appointing a new Owner's Engineer, the Director shall give the Owner written notice of the name, address and telefax number of the Owner's Engineer who is so appointed; (2) the Owner shall not act to terminate the new Owner's Engineer except for cause, and then only with the prior written approval of the Director; (3) the Director may appropriate from the Performance Guarantee and the security for the Maintenance Guarantee amounts necessary to pay thE~ Owner's Engineer's reasonable fees and disbursements; and (4) the Director may appoint as the new Owner's Engineer any partnership, association of persons or corporation otherwise qualified under this Agreement who or which previously may have resigned or abandoned the performance of the services as the Owner's Engineer under this Agreement or who or which may previously have been terminated by the Owner, whether or not for cause. The provisions of paragraph 5.3(1) apply when a new Owner's Engineer is appointed by the Director under this paragraph 5.3(2) with all necessary changes thereto being considered to havE~ been made to give effect to this paragraph 5.3(2). , , Page 54 5.4 Desion of Works (1) The Owner covenants and agrees that the design of all the Works shall conform with all applicable legislation and the Municipality's Design Criteria and Standard Detail Drawings as amended from time to time. In the event of any dispute as to such requirements or their interpretation, the dispute shall be resolved by thE~ Director whose decision shall be final. (2) The Owner shall provide and submit to the Director all necessary Engineerin~~ Drawings and obtain all approvals for the construction and installation of thE~ Works, as required by this Agreement. (3) Without derogating from the provisions of paragraphs 2.4 and 2.5 and Schedules "E" and "F" of this Agreement, on the execution of this Agreement, the Owner, at its expense, shall transfer to the Municipality. any land or easements considered necessary in the opinion of the Director to accommodate the construction, installation and maintenance of the Works. For greater certainty, the Parties agree that the provisions of paragraphs 2.4 and 2.7 shall apply in respect of any such transfers of easements with all necessary changes being considered to have been made to give effect to the intent of this paragraph 5.4(3). Each transfer of land shall be in fee simple absolute, and free and clear of all encumbrances and restrictions. It shall be prepared by the Owner in registerable form and be satisfactory to the Municipality's Solicitor. At the time of delivery of each transfer of land to thE~ Municipality, the Owner shall pay to the Municipality in cash or by certified chequE~ an amount equal to any tax, fee or charges payable at the time of or in respect of the registration of such transfer against title to lands to which it applies. 5.5 Enaineerina Drawinas (1) Prior to the issuance of any Authorization to Commence Works, the Owner shaH obtain the written approval of the Director of the Original copy of all drawings of the Works (the "Engineering Drawings"). If construction and installation of the Works has not commenced within two (2) years from the date of approval of thE~ Engineering Drawings, the Engineering Drawings shall be resubmitted to thE~ Director for his reconsideration and approval after any revisions required by the Director have been made to them (the "Reapproved Engineering Drawings"). From and after the approval by the Director of the Reapproved Engineering Drawings, they shall be deemed to be the Engineering Drawings for the purpose of this , , Page 55 Agreement, and thereafter all Works shall be constructed and installed in accordance with them. The Owner hereby irrevocably assigns to the Municipality without cost to the Municipality the right to use and to reproduce the Engineerin~J Drawings and all reports that relate in whole or in part to the Works which have been prepared by or for the Owner in connection with the performance of thE! Owner's obligations under this Agreement. The Owner acknowledges that approval of the Engineering Drawings or reports by the Director shall not relieVE! the Owner from its obligation to satisfy all requirements of or made pursuant to this Agreement. (2) Prior to the issuance of any Authorization to Commence Works, the Owner shall provide the Director without cost to the Municipality with the Owner's Engineers (1) written acknowledgement that the Engineering Drawings and reports referred to in paragraph 5.5(1) may be used and/or reproduced by the Municipality without cost or prior approval or permission, (2) written permission for the Municipality's officers, employees, agents, contractors and suppliers to use the specifications, data, drawings, records and reports whether completed or in progress of completion in satisfaction of the Owner's obligations under the provisions of Schedule "I" of this Agreement without cost or prior approval or permission, and (3) written undertakin~~ to deliver to the Director the original copy of the Engineering Drawings forthwith after being given written notice by the Director requiring the Owner's Engineer to do so, whether or not the Owner's Engineer's fees and disbursements in respect of any of them have been paid. Prior to each occasion on which a new Owner's Engineer is retained by the Owner and approval of the Director is sought, the Owner shall provide the Director with a similar written acknowledgement and written permission of the new Owner's Engineer, provided that if the new Owner's Engineer is to be retained by the Director on behalf of the Owner pursuant to paragraph 5.3(2), the Director shall obtain from the prospective Owner's Engineer the aforesaid written acknowledgement and permission. Forthwith after thH Director gives the Owner's Engineer written notice requiring them or it to do so, copies of the Engineering Drawings, computer disks, specifications, data, drawings, records and reports referred to in this paragraph 5.5(2) shall be provided to the Director without cost to the Municipality. 5.6 Approval of GradinQ and DrainaQe Plan Prior to the issuance of any Authorization to Commence Works, the Owner shall obtain the written approval of the Director of an appropriate Plan showing thereon the existing drainage pattern on all lands adjacent to the Lands, and all proposed grading and drainage Works for the said Lands, and indicating the direction of all surface drainage, Page 56 including water from adjacent land originally flowing through. into or over the said Lands to the municipal storm sewer system or any other outlet approved by the Director (thE! "Grading and Drainage Plan"). The Grading and Drainage Plan shall be prepared by a professional engineer and must conform to Municipality's Design Guidelines anel Standard Drawings. The written approval of the Director of the Grading and DrainagE! Plan shall be obtained prior to the commencement of construction or installation of any of the Works on the Lands. If construction of such Works is not commenced within two (2) years from the date of approval of the Grading and Drainage Plan, the Grading and Drainage Plan shall be resubmitted to the Director for his reconsideration, and approval by the Director after any revisions required by the Director have been made to it, (thE! "Reapproved Grading and Drainage Plan"). From and after the approval by the Director of the Reapproved Grading and Drainage Plan, it shall be deemed to be the Grading and Drainage Plan for the purposes of this Agreement, and thereafter all Works shall bH constructed and installed in accordance with it. 5.7 Staaina of Construction Prior to the commencement of construction and installation of any of the Works, the Director, in his discretion, may give written notice to the Owner requiring that thE~ Owner prepare and submit to him a Works staging plan (the "Staging Plan". Forthwith, after the giving of such notice, the Owner shall prepare and submit to the Director of Engineering and the Director of Planning for their consideration and approval a draft Staging Plan. The Owner shall not proceed with the construction and installation of any Works until the Staging Plan has been approved by the Director of Engineering and thE~ Director of Planning after any revisions required by them have been made to the draft Staging Plan. Thereafter, the Owner shall proceed to construct and install the Works only in accordance with such approved Staging Plan and any amendment which may bE~ approved thereafter by the Director of Planning and the Director of Engineering. The Staging Plan for the purposes of this Agreement is the Plan contained in Schedule "G-1" attached hereto provided that for the purposes of this paragraph 5.7 the Staging Plan may be amended from time to time with the written approval of the Director. 5.8 Approval of Schedule of Works Prior to the issuance of any Authorization to Commence Work, the Owner shall obtain the written approval of the Director of a draft schedule (the "Schedule of Works") which sets out the time at which, and the sequence in which, the Owner proposes to construct and install each of the Works, Utilities and Services which are required to be constructed and installed by it in accordance with this Agreement. Notwithstanding the foregoing provisions of this paragraph 5.8, in cases in which the constructed and . , Page 57 installation of the Works is to be staged in accordance with the Staging Plan, prior to thE! date of issuance of the Authorization to Commence Works for each stage provided in thE! Staging Plan, the Owner shall obtain the written approval of the Director of a Schedule of Works for such stage, and thereafter shall proceed to construct and install the Works, Utilities and Services in such stage in compliance with the approved Schedule of Works, and any amendment(s) thereto which may be approved by the Director. 5.9 Approval of Works Cost Estimates and Staae Cost Estimates Prior to the issuance of any Authorization to Commence Works, the estimated cost of construction and installation of the Works, (the "Works Cost Estimates"), shall bE! submitted by the Owner to the Director for his consideration and if appropriate his approval. After approval, the Works Cost Estimate shall be entered for the Owner and thE! Municipality by the Director in Schedule "J" hereto whereupon it shall replace the content of Schedule "J" for all of the purposes of this Agreement. If a Staging Plan has been approved pursuant to paragraph 5.7, prior to the issuance of an Authorization to Commence Works in the stage the Owner agrees that the estimated costs of construction and installation of the Works for each stage in question, (the "Stage Cost Estimates"), shall be submitted by the Owner to the Director for his consideration and if appropriate his approval. After approval the Stage Cost Estimates shall be entered for the Owner and the Municipality by the Director in Schedule "J". 5.10 Requirements for Authorization to Commence Works The Owner shall not commence the construction or installation of any of the Works without the written permission of the Municipality, (the "Authorization to CommencH Works").The Owner shall only commence the construction and installation of those Works permitted by the Authorization to Commence Works. In addition to satisfying all the other requirements of this Agreement in respect thereof, an Authorization to Commence Works shall be issued for any of the Works for which the Authorization is sought until the following conditions have been satisfied: (a) the final Plan of Subdivision of the Lands has been approved by the Ontario Municipal Board pursuant to the Planning Act; (b) the final Plan of Subdivision of the Lands has been registered against thH title to the Lands; (c) the Owner has delivered to the Municipality (1) a copy(s) of this Agreement as registered against the title to the Lands;(2) a copy(s) of the registered . , Page 58 Plan of Subdivision of the Lands; and (3) a copy(s) of the other Agreement(s) referred to in paragraph 2.3 of this Agreement; (d) the Owner has paid to the Municipality any monies required by paragraphs 3.1, 3.2, 3.3 and 3.4 of this Agreement; (e) the Owner has delivered the transfers of easements to the Municipality in accordance with paragraph 2.4 of this Agreement; (f) the Owner has delivered to the Municipality transfers of the lands and paid the required cash in accordance with paragraphs 2.5.2.6 and 4.12(4) of this Agreement, and such transfers have been registered against the title to the appropriate portions of the Lands; (g) the Owner has delivered to the Municipality letters signed on behalf of thel authority authorities or companies having jurisdiction with respect to the! Utilities and Services that are referred to in Schedule "H" that satisfactory Agreement(s) have been entered into by the Owner with them for thel design, construction, installation and services of the Utilities and Services as is required by paragraph 5.2 of this Agreement; (h) the Owner has retained the Owner's Engineer in compliance with paragraph 5.3(1), has provided the name, telefax number and address of the Owner's Engineer to the Director in writing, has provided the Director with the written acknowledgement and permission of the Owner's Engineer as required by paragraph 5.5(2), and has provided the Director with the Owner's Engineer's written undertaking that they or it will comply with the provisions of Schedule "I" of this Agreement; (i) the Owner has been given the written approval of the Director of thE~ Engineering Drawings as required by paragraph 5.5 of this Agreement; U) the Owner has been given the written approvals of the Director of Plannin~J Services and Director of Engineering Services of the Tree Preservation Plan as required by paragraph 4.1 of this Agreement. (k) the Owner has received written approvals of the Director of Plannin~J Services and the Director of Engineering Services of the Landscape Plan as required by paragraph 4.2 of this Agreement; , . Page 59 (I) the Owner has received the written approval of the Director of the Gradin~J and Drainage Plan required by paragraph 5.6 of this Agreement; (m) the Owner has received the written approvals of the Director of Engineerin~J Services and the Director of Planning Services of the Staging Plan as provided in paragraph 5.7 of this Agreement; (n) the Owner has received the written approval of the Director of the SchedulE~ of Works as required by paragraph 5.8 of this Agreement; (0) the Owner has received the written approval of the Director to the Works Cost Estimates or the Stage Cost Estimates as required by paragraph 5.B of this Agreement; (p) the Owner has deposited with the Municipality a Performance Guarantee required by paragraph 3.6 and other provisions of this Agreement and has made all cash payments to and deposited all letters of credit with the Municipality as required by this Agreement; (q) the Owner has deposited with the Municipality's Director of Finance alii policies of insurance or proof thereof required by and in accordance with paragraph 3.9 and Schedule "K" of this Agreement; (r) the Owner has paid all costs required to be paid to the Municipality by paragraph 3.14 of this Agreement on or prior to the date of issuance of the Authorization to Commence Works; (s) the Owner has deposited with the Director written approval of all relevant approving agencies including the Ministry of the Environment, the Ministry of Natural Resources, the Region and the Central Lake Ontario Conservation Authority with respect to the Works; (t) the Owner has deposited with the Director its written undertaking to providE~ the Director without cost with a copy of the contract documents, names and addresses of all contractors, sub-contractors and suppliers of services and materials, and copies of all sub-contracts and supply contracts relating to the construction and installation of the Works for which the application for Authorization to Commence Works is made, forthwith after written notice is given by the Director to the Owner to provide any or all of the aforesaid material; and , . Page 60 (u) the Owner has been given the written approvals of the Director of Planning Services, Director of Engineering Services and Director of Community Services as required by paragraph 4.12 of this Agreement. (2) Notwithstanding the provisions of paragraph 5.10(1), the Owner may commence the construction and installation of the Works with the written approval of the! Director prior to the registration of the Plan of Subdivision referred to in paragraph 5.10(1 )(b), provided that the requirements of clauses 5.10(1 ),(a),(d), (g), (h), (i), 0), (k), (I), (m), (n), (0), (p), (q), (r), (s) and (t) have been satisfied by the Owner ancl the lands and easements considered by the Director to be necessary to accommodate the Works and all components thereof have been transferred to the! Municipality. In such a case, however, a Certificate of Completion of the Works" shall not be issued by the Director until a Plan of Subdivision of the Lands has been registered against the title to the Lands and all the other requirements of this Agreement respecting the issuance of a Certificate of Completion have been satisfied. Notwithstanding the approval of the Director under this paragraph 5.10(2), the Owner agrees with the Municipality that the construction or installation of any of the Works pursuant to paragraph 5.10(1), if undertaken, shall be undertaken at the sole risk of the Owner and the Owner hereby waives any right that he might otherwise have as a result of its construction and installation of any of the Works. 5.11 Requirements for Commencement of Subsequent Staaes of Works If the Director has approved a Staging Plan for the Lands, the Owner shall require! an Authorization to Commence Works for each stage defined in the Staging Plan. 5.12 Inspection and Stop Work The Owner shall ensure that every contract that may be made by the Owner with any contractor to construct or install any of the Works shall provide that employees or representatives of the Municipality may, at any time, inspect the work of such contractor and shall require the contractor to comply with stop work orders given by the Director pursuant to this paragraph 5.12. The Director may give the Owner a written order to stop the construction or installation of any of the Works that is being undertaken by givin~J written notice either to the Owner or to the Owner's Engineer to that effect if in the Director's opinion either (1) the Works are not being undertaken such that a completed construction and installation of all the Works satisfactory to the Municipality in accordance~ with this Agreement will result, or (2) the Performance Guarantee and the security for the~ Maintenance Guarantee required to be provided pursuant to this Agreement in respect of , , Page 61 the Works has not been deposited or is not maintained in good standing. The Owner shall comply with the stop work order forthwith after it is given by the Director in accordance with this paragraph 5.12 by requiring the Owner's contractor and sub.. contractors who are constructing and installing the Works or components thereof in question and are referenced in the order to comply with it forthwith. A stop work order may be given to the Owner by giving to its Owner's Engineer by personal service on thEl Owner's Engineer or any representative of the Owner's Engineer, by prepaid first class post addressed to the Owner's Engineer, or by telefax to the Owner's Engineer at the address and telefax number referred to in paragraph 5.3(1) or 5.3(2), whichever is applicable. 5.13 Construction in Accordance with EnQineerinQ DrawinQs (1) The Works shall be constructed and installed in accordance with the Engineerin9 Drawings as approved by the Director. No deviation from the Engineerin~1 Drawings is permitted unless such deviation is authorized in writing by the Director before it is undertaken. All construction and installation of the Works, shall be undertaken and carried out by the Owner or by the Owner's contractor, as the case may be, in accordance with the regulations for construction set out in Schedule "L", (2) The Owner shall keep the Municipality road surfaces and ditches clean of dirt, mud and refuse until a Certificate of Acceptance of all Works contemplated in this Agreement has been issued as provided for by this Agreement. If the Owner has not performed its obligations under this paragraph 5.13(2), the Municipality may de> so and deduct the reasonable cost thereof from the Performance Guarantee. The Owner shall restore the Performance Guarantee to the amount otherwise required by this Agreement, forthwith after the Director gives the Owner written notice of thEl amount of the deduction in question. 5.14 Seauence of Construction of Works Following the issuance of an Authorization to Commence Works, the Owner shall proceed in good faith to construct and install all of the Works referred to in the Authorization to Commence Works continuously and in accordance with the timing and sequence therefore set out in the Schedule of Works. , , Page 62 5.15 ComDletion Time for Construction of Works Within two (2) years of the date of the issuance of an Authorization to Commence Works, the Owner shall complete the construction and installation of all of the Works authorized in such Authorization to Commence Works with the exception of the curbs, sidewalks, final coat of asphalt, final lot grading, driveway approaches, sodding and treel planting which may be completed later if done so in accordance with the provisions of the Schedule of Works. 5.16 Additional Work Until the conclusion of Maintenance Guarantee Period referable thereto, if in the! opinion of the Director, any incidental additional work is required to provide for the adequate operation, functioning and maintenance of any of the Works, the Owner, at its cost, shall construct and install such additional facilities and perform such additional work as the Director may request from time to time by written notice given to the Owner. 5.17 Incomplete or Faulty Works and Liens (1) Without derogating from the other provisions of this Agreement, if, in the opinion of the Director, (1) the Owner is not constructing and installing or causing to bEl constructed or installed any of the Works required by this Agreement so that it or they will be completed within the time specified for such completion in the Schedule of Works, or (2) the Works or any component(s) thereof are bein~1 improperly constructed or installed, or (3) the Owner neglects or abandons the said Works or any part of them before completion, or(4) unreasonable delay occurs in the construction or installation of the Works, or (5) for any other reason the Works are not being constructed or installed properly and promptly and in full compliancEl with the provisions of this Agreement, or (6) the Owner neglects or refuses to reconstruct or reinstall any of the Works or component(s) thereof which may bel rejected by the Director as being defective, deficient, or unsuitable, or (7) thEl Owner otherwise defaults in performance of this Agreement, the Director may givEl the Owner notice in writing of his opinion respecting any such matter. Followin~J the later to occur of the expiry of ten (10) business days, excluding Saturdays and Sundays and statutory holidays following the giving of such notice plus the expiry of any additional period as may be specified in the notice given to the Owner by the Director, the Municipality, at the cost and expense of the Owner, may engage a contractor, supplier of services or materials and such workmen, and purchasEl such services, supplies and/or services as in the opinion' of the Director arEl required for the completion of the construction and installation of the Works and all . , Page 63 components thereof and the performance of all covenants of the Owner relating to the Works as provided by this Agreement. In cases of an emergency or urgency, or in order to preserve the integrity of the Works or any component thereof aH determined by the Director in his absolute discretion, any deficiency(s) or defect(s) in the Works, and any failure to complete the Works and all components thereof in accordance with this Agreement may be corrected, remedied or completed by the~ Municipality its contractors, suppliers and employees at the cost of the Owner without prior notice to the Owner, provided that forthwith after the Municipality so acts, the Director shall give written notice to the Owner of his determination aH aforesaid, describing the action taken by the Director, and the cost of correcting or remedying the deficiency or default in question or the cost of completing the Works and the components thereof, as the case may be. For the purposes of thiH paragraph 5.17(1) the cost of any work which the Municipality undertakes under this paragraph 5.17(1) shall be determined by the Director in his absolute discretion. It is understood and agreed by the Parties that the costs for which the~ Owner is responsible under this paragraph 5.17(1) shall include a management fee payable to the Municipality either of thirty (30%) percent of the contractor's charges to the Municipality (including any charges for overhead and profit) or, if such work is undertaken by the Municipality, thirty (30%) percent of all cost~) incurred by the Municipality to correct or remedy the deficiencies or defect or to complete the Works and all components thereof as the case may be. The Owner shall pay the Municipality an amount equal to the cost of all Works and components thereof, and the cost of correcting or remedying all deficiencies and defects referred to in this paragraph 5.17(1) which have been incurred by thE~ Municipality or are estimated in the Director's absolute discretion to be likely to bE~ incurred by the Municipality forthwith after the Director gives the Owner written demand for payment of such cost. If the amount paid is based on the Director's estimate as aforesaid, forthwith after actual costs are more than the estimated costs, the Owner shall forthwith pay the Municipality an amount equal to the~ difference between them. If the actual costs are less than the estimated costs, thE~ Municipality shall forthwith refund the difference between them to the Owner. (2) In the event that (1) a claim for a lien in respect of the Works or any component thereof is registered against the title to any land vested or which should have been vested in the Municipality or is filed with the Municipality, or (2) the Municipality receives written notice of a claim of an alleged beneficiary of a statutory trust under the Construction Lien Act, such registration, filing or notice shall constitute a default in performance by the Owner of this Agreement. In any such case, the~ Director may notify the Owner in writing of such default. If the Owner fails to discharge the lien or claim as the case may be within ten (10) business days, , , Page 64 excluding Saturdays. Sundays and statutory holidays. after the giving of such notice plus any further period of time as may be specified in the notice, then the Municipality in its absolute discretion either may (1) pay the full amount of the claim and security for costs into a Court of competent jurisdiction in order to obtain an order vacating such claim for lien, (2) discharge the claim in full by paying the amount claimed or in part by paying a portion thereof or (3) draw the full amount of the claim in cash from a letter of credit deposited with the Municipality as the security for the Performance Guarantee and hold the cash in a deposit account of the Municipality as the security for the Performance Guarantee in respect of the claim in question. The Municipality may draw on and appropriate the whole or any portion(s) of the Performance Guarantee and the Security for the Maintenance Guarantee for the purpose of making payment under this paragraph 5.17(2). The Owner shall indemnify the Municipality against the costs and expense incurred by the Municipality in making payment pursuant to this paragraph 5.17(2) forthwith after the Director gives the Owner written notice requiring him to do so. In the event that the Municipality draws on and appropriates any portion of the Performance Guarantee or the Security for the Maintenance Guarantee for any of the aforesaid purposes, forthwith after the Director gives written notice to the, Owner requiring it to do so, the Owner shall reinstate the Performance Guarantee' and/or the Security for the Maintenance Guarantee, as the case may be, to the fuH amount(s) required under the provisions of this Agreement. 5.18 Acknowledaement Respectina Emeraency etc. Repairs The Owner acknowledges that if in cases of emergency or urgency or in order to protect the integrity of the Works or any component thereof, the Director acts to correct, remedy or repair any deficiency(s) or defect(s) in the Works, neither an entry on the! Lands or any portion of them nor any such action by the Director or any person authorized to undertake the same by the Director shall be deemed to be an acceptanCE! of any of the Works by the Municipality, nor an assumption by the Municipality of any responsibility or liability in connection therewith, or a release by the Municipality of thE! Owner from any of its obligations under this Agreement. 5.19 Damaae to Existina Services Forthwith atter written demand therefore is given by the Director to the Owner, thE! Owner shall pay to or to the direction of the Municipality, the cost of repairing any damage to any property or services of the Municipality, the Region, or any utility authority or company or (the "Damaged Services") including without limiting the generality of thE! foregoing, any road(s), water, electrical, gas, telephone, cable television and sewer , , Page 65 systems, and the cost of relocating any Damaged Services, caused by or resulting from the development of anyone (1) or more portions of the Lands, or the construction or installation of any of the works provided that all such repairs and or relocation(s) are~ completed to the satisfaction of the Director, the Region and the relevant utility authority or company which owns or is responsible for the Works, property or services in question. In addition, the Owner agrees with the Municipality, at the Owner's cost, to relocate any of the Works constructed or installed pursuant to this Agreement which are located in driveways or so close thereto as in the opinion of the Director will interfere with the use of the driveway in question, forthwith after being given written notice by the Director requiringl the Owner to undertake such relocation. 5.20 Damaae to Neiahbourina Wells (1) Prior to the commencement of and during the period of construction or installation of the Works, the Owner shall cause to be carried out, at its expense, the ground water monitoring program which has been approved by the Director pursuant to this paragraph 5.20(1), (the "Monitoring Program"). The Monitoring Program shalil be prepared in draft form by a qualified hydrogeologist (the "Hydrogeologist") who shall be retained by the Owner, at the Owner's expense, after the Hydrogeologist is first approved by the Director. The Draft Monitoring Program shall be submitted to the Director for his consideration and approval. After the Monitoring Program has been approved, it shall be implemented by the Hydrogeologist. The Monitoringl Program shall describe the number and location of the piezometric observation wells which are to be installed by the Owner, and the frequency, method of observation, method of collection and recording of data and the timing, form and addresses of the report of the Hydrogeologist's analyses and findings to thE! Municipality, as well as such other matters as the Director considers to be! appropriate. After the draft Monitoring Program has been approved by the Director with or without such modification(s) as he may consider appropriate, it is the! Monitoring Program for the purposes of this Agreement. (2) For the duration of the Monitoring Program, the Owner, as its cost, shall cause thE! Hydrogeologist to provide the Director with a copy of all reports prepared by him in connection with or in implementation of the Monitoring Program forthwith after they are prepared. For the duration of the Monitoring Program, the Owner also shall cause the Hydrogeologist to make available to the Director, at no cost to thel Municipality, forthwith after a written request therefore is given to the Hydrogeologist by the Director, a copy of all data collected and all analyses madel in connection with or implementation of the Monitoring Program. Forthwith following the completion of the Monitoring Program, the Owner shall cause the! , . Page 66 Hydrogeologist to provide to the Director. at no cost to the Municipality. a copy of all data collected and all analyses and reports made by the Hydrogeologist in connection with or in implementation of the Monitoring Program which previously have not been provided to the Director pursuant to this paragraph 5.20(2), together with a certificate of the Hydrogeologist, in a form satisfactory to the Municipality Solicitor that all the data, analyses and reports required to be provided to the Director by this paragraph 5.20(2), have been provided to him. In addition to the foregoing, the Owner shall cause the Hydrogeologist to prepare separate reports, to the satisfaction of the Director for each and every occurrence of apparent well interference caused by construction activity within the Lands and reported to the Municipality, and to deliver the same to the Director, at no cost to the Municipality, forthwith after each of them is completed. (3) If an Appropriate Authority determines that the well or private water supply of any person(s) outside the Lands is interfered with or dewatered as a result of the construction or installation of the Works: (a) where the interference to a well or private water supply is of short term duration (i.e. during the course of dewatering and excavation and within onE~ (1) month of completion of dewatering), in the opinion of an Appropriate Authority, the Owner shall make available to the affected party(s), CI temporary supply of water at no cost to the affected party(s); - or- (b) where in the opinion of an Appropriate Authority the interference to a well or private water supply is of a long term duration, at the option of the Owner and at its cost, the Owner either (1) with the Region's approval shall connect the affected party's property to the Region's water supply system, or (2) the Owner shall provide a new well or private water system for such affected party(s) so that water supplied to the affected party's property shall be of a quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party(s) prior to the interference, as may be required by the Appropriate Authority by written notice given to the Owner. (4) Without derogating from the other provisions of this paragraph 5.20, if the Director gives written notice to the Owner that he has reason to believe that the well 0Ir private water supply of any person(s) outside the Lands is interfered with Olr dewatered as a result of the construction or installation of the Works, forthwith after such notice is given, the Owner shall cause the quantity of potable water , , Page 67 considered to be appropriate by the Director to be supplied to the affected person(s) free of charge either until such time as the Municipality Council, after considering a report thereon from the Director or an Appropriate Authority decides that the well or private water supply in question has not been interfered with or dewatered as a result of the construction or installation of the Works, or until such time as the Owner performs its obligations under paragraph 5.20(3), as the caSE~ may be. 5.21 Use of Works bv Municipality The Owner acknowledges and agrees that any of the Works may be used by thE~ Municipality and such other person(s) who is (are) authorized by the Municipality for any of the purposes for which the Works are designed, without interference by the Owner, and without the payment of any fee or compensation to the Owner, and for such purposes the Municipality and other person(s) authorized by the Municipality may enter upon the portion(s) of the Lands on which the Works are located. 5.22 Maintenance of Roads after Completion (1) In addition to any other requirement of this Agreement that the Owner maintain thE~ Works, if any building(s) on the Land is occupied, the Owner, at the Owner's cost, shall maintain each road(s), which is required to be constructed and provides access to such building(s), until a Certificate of Acceptance has been issued for such road(s), and without limiting the generality of the foregoing, the Owner shall: (a) maintain the road(s) at all times in a well drained, dust and mud freE~ condition, suitable for ordinary vehicular traffic, to the approval of thH Director; (b) during the course of construction and installation of the Works, Utilities and Services pursuant to this Agreement, provide and maintain safe and adequate access to all occupied buildings; and (c) erect a sign to the satisfaction of the Director to indicate that the road(s) are "unassumed road(s)" which the Municipality is not required by law to repair and maintain. (2) The Municipality agrees to snowplough and sand all paved road(s) shown on thE~ registered Plan of Subdivision of the Lands, for and on behalf of the Owner untiil the Certificate of Completion of the Final works has been issued, provided that , . Page 68 until the date of issuance of the aforesaid Certificate of Completion, the Owner shall pay to the Municipality one hundred (100%) percent of the costs of snowploughing and sanding such road(s), as determined by the Director, from timE~ to time, and forthwith after being given written notice of such costs by the Director. (3) The Owner acknowledges and agrees that the undertaking or provision of repain, or maintenance by the Municipality under paragraphs 5.18, 5.19 or 5.22(2) in respect of road(s), is not intended nor shall it in any way constitute or be taken to constitute the approval or assumption by the Municipality of the road(s) in question. The road(s) shall not be deemed to have been assumed until both a Certificate of Acceptance has been issued, and a By-law has been passed by Municipality Council dedicating the road(s) as public highway(s) and assuming it for the purpose of liability to repair and maintain it as provided by the Municipal Act, and such By-law has been registered in the Land Registry Office. 5.23 Reauirements for Certificate of Completion The Owner acknowledges and agrees that the construction and installation of any of the Works authorized in an Authorization to Commence Works shall not be deemed to " be completed for the purposes of this Agreement until the Director has provided the Owner with written certificate that such is the case (the "Certificate of Completion"). In addition to satisfying the other requirements of this Agreement respecting its issuance, a Certificate of Completion shall not be issued until such of the Works authorized by thE~ Authorization to Commence Works for which a Certificate of Completion is required, have been inspected by the Director, and he is satisfied such Works have been constructed and installed in accordance with the Engineering Drawings and has received all certificates and confirmations from the Owner's Engineer as provided for in this Agreement. 5.24 Requirements for Certificate of Acceptance The Owner acknowledges and agrees that none of the Works covered by a Certificate of Completion shall be accepted, nor deemed to be accepted for the purposE~ of this Agreement until the Director has provided the Owner with written certificate that the Works in question have been accepted ("the Certificate of Acceptance"). If thE~ requirements of this Agreement respecting the issuance of a Certificate of Acceptance any of the Works, except the Final Works, have been satisfied, and without limiting the generality of the foregoing, if the Director is of the opinion that the Works in question have been maintained in compliance with paragraph 3.10 and all deficiencies and defects in such Works have been remedied and corrected by the Owner on behalf of thE~ . , Page 69 Municipality, the Director shall provide the Owner with a Certificate of Acceptance of thH relevant Works. If the requirements of tMis Agreement respecting the issuance of a Certificate of Acceptance of the Final Works have been satisfied, and without limiting thH generality of the foregoing, if the Director is of the opinion that the Works in question havH been maintained in accordance with paragraph 3.10 and all deficiencies and defects in such Works have been remedied and corrected by the Owner, and the Director reports his opinion that such Works should be accepted by the Municipality for the Municipal Council, Council may approve the report of the Director. Following Council's approval of this report as aforesaid the Director may provide the Owner with a Certificate of Acceptance of the Final Works. 5.25 Ownership of Works bv Municipality For greater certainty, the Owner acknowledges and agrees that the Municipality is the Owner of all of the Works covered by a Certificate of Acceptance. The Owner sha~1 have no right or claim thereto, other than as an owner of land abutting a highway in which such Works are installed. 5.26 ReQuirements for Certificate of Release Forthwith after the Owner complies with subparagraphs (a), (b) and (c) of this paragraph 5.26, and the Works located thereon have been constructed, installed and accepted by the issuance of a Certificate of Acceptance, the Municipality shall provide thH Owner with a written release (the "Certificate of Release") respecting the Lands, for which a Plan of Subdivision has been registered. The Certificate of Release shall be in a form suitable for registration or deposit in the proper Land Registry Office. In addition to thE~ Owner satisfying the other requirements of this Agreement respecting the issuance of a Certificate of Release, the Certificate of Release shall not be issued until: (a) a Certificate(s) of Acceptance has been issued for all the Works; (b) a registered Ontario Land Surveyor, acceptable to the Director and retained by thE~ Owner at the Owner's expense has provided the Municipality with written confirmation that at a date not earlier than the date of issuance of the Certificate of Completion of the Final Works, he has found, placed or replaced all standard iron bars shown on the registered final Plan of Subdivision of the lands and has found, placed or replaced all survey monuments at all block corners, the end of all curves, other than corner roundings, and all points of change in direction or road(s) on such Plan; and . . Page 70 (c) Municipal Council has by resolution, acknowledged that the Owner has satisfied all of the provisions of this Agreement. From the date of its issuance, a Certificate of Release shall operate as a discharge of the Owner in respect of the Lands or the portion thereof which are described therein of the obligations of the Owner under this Agreement with the exception of (1) the Owner'l; obligation respecting drainage as provided in this Agreement; and (2) the Owner's covenant to comply with the requirements of this Agreement in respect of applications for building permits for dwellings on the Lands. 5.27 Not Used 5.28 Cost of Works Referred to in Schedule "G" The Owner acknowledges and agrees that it will pay the total cost of the Workl; referred to in Schedule "G" hereto. The Owner will not seek any credit or rebate for or of any part of the total cost of the Works by reason of any of them being oversized to accommodate drainage or traffic from lands outside the limits of the Lands, whether from or in respect of a development charge imposed by the Development Charge By-law, or in any other manner, or for any other reason unless in the case of storm water drainage the Owner is a party to a Front-Ending Agreement with the Municipality made under the Development Charges Act, 1997, with respect to the oversizing of a storm drainage Worl< to accommodate drainage from lands other than the Lands if such Agreement provides for benefiting owners other than the Owner to make front-ending payments in respect of anyone or more portions of either or both of the Storm Sewer System or the Stormwater Management System. Furthermore, if it is determined by the Director of Engineerin~~ Services that Owners other than Claret Investments Limited and 1361189 Ontario Limited will benefit from the Storwmater Detention Pond and Associated Works, and if Claret Investments Limited and 1361189 Ontario Limited apply to the Municipality for the makin~~ of a Front Ending Agreement under the Development Charges Act 1997, the Director wm recommend to Council that the costs of acquisition of the Lands which are the subject of the Option or an appropriate portion thereof as determined by the Director in his absolutE~ discretion will be included in the costs of the Stormwater Management Works which arE~ to be shared by all benefiting Owners. ARTICLE 6 - COMPLIANCE WITH REGULATIONS In exercising its rights and in performing its covenants under this Agreement, the Owner shall comply with all regulations and laws of general application and all by-laws of thE~ , , Page 71 Municipality and the Region. Without limiting the generality of the foregoing, at all time!> the Owner shall comply and cause all contractors, sub-contractors and suppliers of materials and services in connection with the construction, installation and maintenancE~ of the Works to comply with the provisions of the Occupational Health and Safety Act, and the Workers' Compensation Act. ARTICLE 7 - RESPONSIBILITY OF SUBSEQUENT OWNERS After the issuance of the Certificate of Release, the Owner, its successors and assigns as the owner of each lot(s) or block(s) on the final Plan of Subdivision registered against the title to the Lands shall have the sole responsibility for the following which shall be performed or undertaken at its cost: (a) the provision and maintenance of adequate drainage of surface waters from such lot(s) or block(s) in accordance with the approved Grading and Drainage Plan referred to in paragraph 5.6 herein of this Agreement; (b) compliance with the provisions of paragraph 4.6 "Requirements for Buildinn Permits" of this Agreement if, at the date of issuance of the Certificate of Release, a building permit has not been issued for the lot(s) or block(s) in question; and (c) the maintenance of fencing required by Schedule "G" and paragraph 4.2. ARTICLE 8 - TIME OF ESSENCE Time is of the essence of this Agreement. ARTICLE 9 - AUTHORITY TO MAKE AGREEMENT The Owner acknowledges and agrees that the Municipality has authority to enter into this Agreement, that every provision hereof is authorized by the law and is fully enforceable by the Parties, and that this Agreement is made by the Municipality in reliance on the acknowledgement and agreement of the owner as aforesaid. ARTICLE 10 - AUTHORITY TO UPDATE AND COMPLETE AGREEMENT INCLUDING SCHEDULES On behalf of the Parties to this Agreement, the Director of Planning Services and Director of Engineering Services are acting individually or collectively hereby authorized from time to time to complete registration particulars of any instruments referred to either . , Page 72 in the text of this Agreement or in the Schedules hereto, and to update and complete any one or more of the Schedules as further information becomes available to thE~ Municipality, provided that forthwith after each occasion on which he takes any of the aforesaid actions, the Director of Planning Services and/or Director of Engineerin~l Services, as the case may be, gives written notice thereof to each of the Parties, with the exception of the Municipality. ARTICLE 11 - CONFLICT In the event of a conflict between a condition listed in Schedule "S" of this Agreement and any other provision of this Agreement, the other provision of this Agreement shall prevail. . , Page 73 IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written and the Parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND } THE CORPORATION OF THE } MUNICIPALITY OF CLARINGTON DELIVERED } } } In the presence of: } } } } } } } } } } } ~ Title: "ptt.<<",oSwclr } } } (PRINT NAME) } } } Name: Title: } } } (PRINT NAME) } } } } } } Name: } ~St}...) } } (PRINT NAME) } } } Name: Title: } } ~~~ } JL,..~ CANADIAN IMPERIAL B K OF COMMERCE } } } Name.: Sam Bertii~i } Risk Analyst } I/We have the Authority } (PRIN~ ~ to bind the Bank } ...... } } Name: ANN MARIET~RR'CK } Asst. General Managel } , } (PRINT NAME) Page 74 SCHEDULE "A" THIS SCHEDULE IS SCHEDULE "A" to the Agreement which has been authorized and approved by By-law No. 2004-127 of The Corporation of the Municipality of Clarington, enacted and passed the 31st day of May, 2004. LEGAL DESCRIPTION OF LANDS FIRSTL Y Part Lot 27, Concession 3, former Township of Darlington, and Lot 25, Registered Plan 634 and being in the Municipality of Clarington, in the Regional Municipality of Durham, being now described as Part 1, Plan 10R-2987; and, SECONDLY Lot 27, Registered Plan 634 former Township of Darlington and being the Municipality of Clarington, in the Regional Municipality of Durham, being now described as Part 1, Plan 40R-16641. Page 75 SCHEDULE "B" THIS SCHEDULE IS SCHEDULE "B" to the Agreement which has been authorized and approved by By-law No. 2004-127 of The Corporation of the Municipality of Clarington, enacted and passed the 31st day of May, 2004. PLAN OF SUBDIVISION (Insert reduction of Plan 18T -92014) A copy of the Plan of Subdivision as draft approved is on file with the Municipality of Clarington and can be viewed at 40 Temperance Street, Bowmanville in the offices of the Planning Services Department. ... \ '-..-/ \ \ \ \ \ , - ~ , "- \ I I -;--- I I I I 1 1 I I I \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ -I \ \ " \ \ I I I 1 -I 1 1 , 1 1 \ ,... I I \ ~ 1 I 1 ~ 1 I I ~ I I I ) \ I 1 1 I -I 1 (' 32 :- v 31 !' u 30 ' ') 79 :;. u 28 ' c' 27 " ~,_26 " 25 ~ l> 74 .. -' 23 ~ u 22 ' u 21 :" _ ~ ::, 20-;- l' " 19 ':'" ; -,-~ 18 ~ i C) 17 ~ '-' 16 ~ u 15 ':'" ./ --~ / / / G'/.~~/-> (/ - / 1 --I 1 I -, "'; " CHURCH sm: .~ C-..... c~ (::;:_&- T; \' -x.~ ,} I - -"''''<:", T I ( ,/ I I -, I ,: I 1,1 I I I ,I I td, I " I (, \ i l- I m 1 '~I.. I tl' 1 I 0 1 I I 1/ ---I I I 1 I ,fJ\-.) 1 1 I - r" I -'<w PLAN ..__t;ql.!.R--!,_I~~____ _ Sdjecl PUP"" ri~:~:ll A~~III'UI Lu. ~~~._ AI'IEA TAIl.LI:_ RESlDENTlAL SINGLES RESIDENTiAL sEMI~DETAcHED REsnjENTIAi- RESERVES ~UiURE OE_~f.L9~~E~_ __________ ElEMENTARY SCHOOL ~ESERVE N'~OQQ_~~~~", 3m WALKWAY R()_~i:fwn)~~lNG O.3m RESERVES _~O_A.~_ i!(_9''i,~_<,j,~,..r(ld'll'''''/.__' lOIn.' .1O,""_.8_1.:!'_'-9S 3:~!6_ ha;s; lol1r.71_16,8HO O.9~ .0.114 6k>c~~ 100.1(11 0.581 1.040 I\'ookl03 1.7_35 8la<;k.'04,ll1!. O.O~8 Bk><:.... 106 \01 0.092 IIloc:_'lM-l'~ O:~8 ~3~_ 10:~~8 ha;s; TOTAL BQI~J!~ 2_~"!RO.W. 2l!m A.~W 18m R.O.W. _ TOTAL 2.621 O.2~3 0.056 .2.930 ha l!NIJ _CQ.UNT 15m SINGLES 13.1m SINGLES ~2r,,_-$IN_(i~ES 9m SEMI-DETACHED '" ra, Ie) IS' -----roTAL ~ - 4 4 72 --~ 110 units !.tQJ:.1!Q NQTES APOlJ19NAI,o IN":Q~"'-"JtQ.M1W~YIB~P_l,lNI>I:H SE:ClION !iOl2\ OF THE Pt.AHN_~A Aq I :E~:'~:~~~:~:~~n:: :~:,::.:',:,'(:' ".v,,~.,,",,'."""""'."''''''' "",......,'w "'...."'.., "'," .."",..",,_ .. ~; ,e',."", ,""," "'P'>,j..."~,.,, 0., 0",.,,""'<1 ;~~,~'-~,'~~:~" ".e"" S~[lCATE ",a,""v "...."" "'"' '''''''''''"'"~'.''c'''''e,.''''''' ,," >ct>d...,~~d d' "r""",, on ,~... r.'~' ~,,,' "',"' ....~h""'~', ",., "t"""'''''''''''''',a.c<"",.".."wJco"",,''... ot..-. OWN~W_~.IIQ~ ""p CLARETINVESTMENl'S LIMITED & rlEXGA-iEHOLOINGS liMITED '_'''''1 ",e ,~';'~';',';:'i ;;;";';':1::";'" ,';" c:~';;;' ;:;;.~.~ ';:;;'~"n\' ",''''''"P 1~',',,!i>1.tl_~'ik' .11./1"-", "'-"''''1.<'1 .'II'I/hlll' '0. ~",'pare o,,~ ,~;bm.r" dr~~ r.~;'''~' .;"bd'VIOU' j". "l'lf'".''' SEl OflIGI..Al SIJIl.....I":;IO.. ,.,..." .~, -- ,~- ~ 18T-92014 REV. REVISED DRI>.FT PLAN OF PROPOSED SUBDIVISION PI>.RT OF LOT 27 CON. 3 & LOTS 25 & 27 REGISTEREO PLAN NO. 634 FORMERLY TOWNSHIP OF DARLINGTON NOW MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM Bous,;.ld,De',-'-wmt Cll'~&SIlll'''~ ,."."" ,- "-" '"f)"" . APRll1198 I X.9t,j'~-S3l)l> . , Page 76 Schedule "B" - 2- (Insert reduction of the 40M Plan) A copy of the 40M Plan, as approved for registration is on file with the! Municipality of Clarington and can be viewed at 40 Temperance Street, Bowmanville in the offices of the Planning Services Department. -----------,-.... a. ... . , 4:': l~lii\1 II , ~;! , : R . ~ i = I , - , , : , : , , , , , 1:.1 , , , , , ---------------.... " , I I , fB! , , , 'N' "'l"UMl"1: I 1Ot.:~/ ---------'" ------ /~~S ; "'\ I (,oJn \ ~g/ ~...l \ ;:~I h-'Il~!. I ~ i""l ~ I- II Ii! 1 ,...\1...... I ~ '\a.no -/ , / , , , .........-----... ~ -(~.\-.~-'f.'\ 'utT ! i"O' j i1 ! ! ' , ~ i .t ~ I , I I I i m ~ n~! ~ i h~ ~ I !~: g 2 ~~l ~ i "~i n ~~ ~ .~ i= l~ ,~ ^" ". l' ~~ " t:C )- i" Z ilTl 'VI , , , , ' - , I.: i~: .~: , , , , ~ l ~ : 1-,. r ~ ~N ~ "''' ."";1 ,. N I " I ... I ",,'" · i. ,!Ji !. i'I' i. . I ,__' _"jJ'.'g - - 'i~ ~ I ",i\tY;il; 111IMi:II~I~~I;II~I~i~l;i~i~I;I;I;~il;I:sI:,I;ll;I;ll;1,;-(: I~ ~ I~ ~;" ", \ \' I) j ~ : illl ~. l.'~o II '''' ~:r.'\'.... ... .. ~. - ~. - 'N - .- -- - -- -- - .- - ,- .- - -- .- - - _ __ __ ~, , 'I -:: r ~ VI u: . \ ,tOo Don"'. I W [!ART! PLAN III .no",," IOR'29~7 I J 0 ' ;lj;l 1.._ '-1"'( . .l. II P~' GEORGE REVNOLOS DRIVE "''' , Sl,.9!=!\.!901 ."" :I'~. l-+--r Il= .' '1../,$..\\, r-CJ;Or--I-I-.-Tp;-----;;;;:: ~il! _ , ' N' ., .0' '. . .. · PA"" ::':::""' PLAN. AOR. "". ~~..l----:! ~ qQ\ - I. ~.fi :;-- '-......~ = "1",,, .... ""'1 ". I l ~~~ "" , ,........ i.il~1 -==r-''''''''',-" ". """-'0 , 'on ",.0, --." .~. .~ t!,;l/.:~."':: I ._ n." :::,%".li,;"" "---Jl j 'I" 1~;~ ~ ,~j: -.?J--\;\'(\ ij ii '011 '8:;tO'i'~ ... ..~':..~~:1~ .~.:.'~"t ~lii 1-6 ~tD (7'1~~ "t,l,( ~:\ " ~I PART r, BLOCK 101 PLAN 10R.29S7 !~I ~l'l-- ~ ... i;.I ,~~.\ ",..' '9,.. ~...u~n... '''' ~1 -.. --I~~!.r1~~(tt/ !~ i!ii ~"!.w.lrn:'>>' I :::.. .::;~.~,~ i I' i' !15 rlif.:~ 'I \\\ i; 11!--~;---~;:--==j Iii ~g [:-I".~ ; ... '.:i"~" '" n... '''::1 ~ r.~' f:l1;:~.--; m;--j.. ~?(, ~~,---T-------" -- '." ~ 1 ~~.7~ I , ! I ~ I o. 0 II... .,"'~ I !~i ...~!!- P ~ Ii ; ~ I ~ ~--------------__L__j '!L~~.J ~r;; I "' ., ., ~~ r-I ~ LOT 21 '-i~_,i i,!;, ... · ~ I ~ r------------------_ l::e . ~ . -< OT 20 ~g ,3.L I I I L !~-i 1'2... i I I r------------------- ~-.I~.31. 'I I I ...'- I r-- LOT ----------- 19 ___ i' hJ9'- i I I I i ~~~.. i I r----________________j i ~~- i !~ I I I LOT 18 i ~ ' : ~~t: I !~. i -------------------1 I i J.[ i ' 1- LOT ~ _ _ : i 1!. i I I -- ---------- 6 i 2L i I 1-- LOT-- ~__ ' .. , I I ------.;--------,5 1 .J.2.. , I 1- T ~ ____ i J". ~.".. i ' .~' ! I 1_ LO _ _ _ ==- _ _ _ _ _ _ II ;~ ","' U$ ,. ~ ~ I - - - - 14 i 2~ I ~ - ... i ~ i I C LOT _ _ _ _ _ __ i -!?_ i I '" II m II C! i" I I ___________ i .Jt i · jl: l._ _N; ~-::J I I'" LOT ____~__ . '7 i I,I.....IBARV.OEONMUEE '.' II I I _ _________ 1 ...\:- . \.JI-) I I- i .-.!t i 1".,* '::.-' ~"' "" =:J , I '~, r'~lll I ~i i ~'~~. i ' lilO! II ;;j II ::I Ii ~ ~ ,I I *~ !J.1L i .- :;. 5:,". i'J. ~: I I PART f, PLAN) II 1..1tl,: jII....., A s.. ;' I I 'OR.!,,:, ~ I~_~~ __I , ~I -i.1.. IIIBL~2eK I I i; !g JriT::ILii i r't i ':::.~:!!. I I ' I" 3 ~ P . '1f i" BLOCK. I N ,0 Ii ....!!.- I I .~- I~..~-.I I I _'1__ ~~ .. 'i~\9:'..i i !Li.;~b~K !! I r-'1--r h "'. i 78 pl~JJl..i > 0 I I I I I I.ill ~ i ~~- I ~ ,:.~ ".111'"':;.'l' ~'II I I I I !: jlR 'I i ~i:" i ~ !.:"~ II ~ 11m i~l I I ~ I I r I r I ~ I 5 L' ,le:,' ','\7"<III!i. 'lll l l ",,)) 'I I ~ I ~ I 1-< .~ Lq.,\ ., U'._ -- ... -t..-::J I I "..:::... ,'l ~ 51'. ~'"'. / " . I I -:T --' - .,' " TA8S I II--' I I I r 1-: -J... if--~'-', I AVENUE '~I I I I ~ ~"rr ''::.~I' !i! 'il .'~~~i= ,* =~ 8 I g I I I g ~ t~'IIW:~~i · ~ 'Gi "'II '" II III I ;-Lj ~ ~ I I I ti ~nJll!I~*i 1.<1..1; ri I I I ~ -, ~ 0" ~.I ~ ,,'I:, -- ... . I' l:z I I :z ~ I ~~-o, i _'!....... i . . i '8l I u'" ~' I "' _ I '" "'::. . : I ~ c I:~ I ~ i .Jt" i I I'rf\'., ,-, I B I I I\: II ~ I" I~I ---.J.1i I ~7 i 1 III ~'i/JBrc I I I- I I t I ~' i~~" I _'1.'_, ~5 ~ I I I I I ~ ~ ?I! rT- S ''':.''.-' i -as-- I "j .~ ~l I I I I I I I L..I-u~ :, I ,:.':' \L'-_L__L -L-.J__l.__I-L_ - -:.::; \ ./ ..l2.rJt'~ \ 101.1101 I I ~':~:;;;-9:T---l SLO;;s,~~"T'i:;;~~K ;~ :1: ':.t ~r:r.:.~, ~~~'~ ::~ ::: :~~:~ . i1~ -J ~ --f-= I . i i ; LOT 12 11!11;!!;mmmm." ii!lU~nn~~Ol~le;t~n~..; "~ I I I L I I I I I ==L ~~~~?aa!"5....!"...!"~e5~~~... J: nmiiliulluuumi ~ j 5~~;.~ii~!!"i!i~~~iiii !\ ;;;~:~~m!!!!!ilmi$! il ~~." .i :1 ..........1... .i~... KNOWN AS NASH ROAO p~ HII' .OJilI [ROAD .t.LLOWANC( BETWEEN CONCESSIONS 2 AND 31 , ! : ~!: " ", hi ;;,1 !IIi 1,: 'i' Ll . , , , , ! I i~ is !! i~ ,I l~ i ~ ;lJ:J::I!!I~~!!."r.ii c. ~~~$llilRlilR;alil;$llillillilliflillillil an!~~~U~!~U~IU!~ ~:S~~...::::::c:t:::Cl:::C:.....:::;:::.. q s~IS ! . .~ ~ . I ". '" L I~ i ; ~i H ;~ , · i!. " ~ .,~ : H~ . ! "; ~ ~ i. ~ . ., · a "~ ~ ~~ "'. In .0 H' Hi II. . 1Ilt:::tJ ~ ZS;O~(j""O~ ~ ~ ~ ~88o~~~ = ~ Q2Sl~,..g-<~ . -o-o~ 0"'0 '~??:ili1'\~V:!<l"'~ ~- -tr'T'l O~Q ~ ~ ~o"'zo~ ~o ~;:gU\(.H~~ =<.., 'il~~ ~~ ~p ~zo ~?ii ~? ~ ~z 2e C> ~~ b ~ z - ~ Ii ~: 'I o I i~ ~ ~ !a ~ t ~I ~ I, ~! ", .. 8 r l; , ii- , "~ l !~ ~; ~~ ~ ~ ~ ~ ~ ~ I~ ,.. -< 0 :0' n '" id "! '" r~ .j ~ ;v 8 ;i ;~ i~ " i~ 2? i f8 . ~ ! i ! o . ~ ~ o I ~ gl!'~~ J.d'~ i I~U . ~ ~. E . ~ 10 " :;: ~ z ~ ~ ,. ~ '" ~~ .. 6~j; ~ :z o n v: g ~ " 5 ,,~'" o ,. o ~ I ~ ~ o ;;: I , , "' ., " ~, 0' ~I "' t, I I , 5il,Q,~~~e ~~" ~"- ~~: : ~~: i2: : ~~= ...;g I 'q ~ il.... <> ~! PI:... ~ B~~p~ ~ei~g~: ~,.. ". ~ ~ t ~ ~ ;~ ~~ ':;l~ ....I . 5 " r 1> Z ... o ~ . , Page 77 SCHEDULE "C" THIS SCHEDULE IS SCHEDULE. "C" to the Agreement which has been authorized and approved by By-law No. 2004-127 of The Corporation of the Municipality of Clarington, enacted and passed the 31st day of May I 2004. CHARGES AGAINST LANDS (1 ) (2) (3) Municipal Taxes Local Improvement Charges Drainage Charges to be paid upon execution of Agreement to be paid upon execution of Agreement to be paid upon execution of Agreement , . Page 78 SCHEDULE "0" THIS SCHEDULE IS SCHEDULE "0" to the Agreement which has been authorized and approved by By-law No. 2004-127 of The Corporation of the Municipality of Clarington, enacted and passed the 31st day of May, 2004. SCHEDULE OF PAYMENTS OF DEVELOPMENT CHARGES Subject to paragraph 3.4 (1) of this Agreement the Owner shall make the, following payments on account of Development Charges to the Municipality in respect of the development of the Lands consisting of (80) single family dwellings; (30) semi., detached dwellings; (0) townhouse dwellings (collectively referred to as the "Totall Dwellings") on the occasions set out below. Subject to the adjustments referred to in paragraph 3.4(1) of this Agreement the aggregate amount so payable is $1,032,130.001 dollars payable as follows: I. PHASE 1 OF THE DEVELOPMENT OF THE LANDS Phase 1 of the Development of the Lands consists of (77) single family dwellings; (24) semi-detached dwellings and (0) townhouse dwellings. Subject to the adjustment referred to in paragraph 3.4(1) of this Agreement the aggregate amount payable is $947,683.00 dollars payable as follows: [Note: The three (3) single family dwellings associated with Lots 40 to 42, as shown on the draft plan, now identified as Block 93 on the 40M-Plan and six (6) semi-detached dwellings associated with Lots 85 to 87, as shown on Blocks 90 to 92 on the draft Plan 40M-Plan have not been included in the calculations for Phase 1 of the Development of the Lands as building permits are not availablE! within the scope of the work approved for Phase 1 of the Development of thE! Lands.] (a) The Owner shall prior to obtaining each building permit for a building or the Lands pay with the Building Permit application for the permit an amount equal to the amount of the Development Charge imposed by the Development ChargEl By-law for the individual dwelling unit type for which a building permit is sought. Provided that if a credit is available under a the Development Charges Act, the amount of the credit, when available, may be deducted from anyone or more of the above payments or amount of Development Charges if permitted by the Act. II. PHASE SUBSEQUENT TO PHASE 1 OF THE DEVELOPMENT OF THE LANDS To be completed prior to registration of each 40M-Plan after Phase 1 of the Development of the Lands. , . Page 79 SCHEDULE "E" THIS SCHEDULE IS SCHEDULE "E" to the Agreement which has been authorized and approved by By-law No. 2004-127 of The Corporation of the Municipality of Clarington, enacted and passed the 31st day of May, 2004. (1) On the execution of this Agreement, the Owner shall deliver to the Municipality transfers of the following easements: · Parts 1 to 9 on 40R- · Parts 1, 4, 5 and 8 on 40R- Rear Yard Catchbasin Easements (Lots 2, 3, 9, 10, 85-89) Rear Yard Catchbasin Easements (Lot 40, Block 93) Snow Storage Easement · Parts 1 to 4 on 40R- (2) Easements for the rear yard catch-basins and storm sewers shall be perpetual in duration. (3) Without derogating from the other provisions of this Agreement, the Owner shall transfer or cause to be transferred to the Municipality easements to accommodatE! any work provided for in the approved Engineering Drawings or the reapproved Engineering Drawings in lands located beyond the limits of the Lands as may bE! required by and to the satisfaction of the Director by notice given in writing to thE! Owner. The Director shall determine the duration and terms of any such easements. The transfers shall be prepared by the Owner at its cost, shall be freE! and clear of all encumbrances and restrictions, shall contain other provisions satisfactory to the Municipality's solicitor, shall be made for a nominal consideration, and shall be in registerable form. Paragraphs 2.4 and 2.6 shall apply in respect of transfers with all necessary changes to them being considered to have been made to give effect to the intent of this paragraph (3). (4) The Owner shall transfer to the Municipality any turning circle(s) required by thE! conditions of approval of the draft Plan of Subdivision in accordance with thE! Municipality's Design Criteria and Standard Drawings and shall construct and maintain such turning circles in accordance with the Municipality's Design Criteria and Standard Drawings. Such temporary turning circles shall be held by thE~ Municipality until the extension of the street in question at which time the block shall be conveyed without charge to the Owners of the abutting lots, wherE! applicable. . , Page 80 Schedule "E" - 2 - (5) Temporary turning circle easements shall be transferred to the Owner of the abutting lots at such time as the temporary turning circle(s) is removed and the! roadway extended through for a nominal consideration. (6) The Owner shall transfer or cause to be transferred to the Municipality any easements for the disposal of storm water from the said Lands which are required! by the Director which are external to the said Lands at no expense to the! Municipality. The easements shall be transferred to the Municipality forthwith after the Director gives the Owner written notice of his requirements and the reasonSi therefore. Paragraphs 2.4 and 2.5 of this Agreement shall apply with all necessary changes to them being considered to have been made to give effect to the extent of this provision. ~ ~I ~ I I I I ------L_____~ I LOT 77 I I r-------1 BLOCK 90 I I LOT 78 I I ~---T-L-I----~ I r 1 r I r 1 I ~ I 8 I ~ I I ~ I ~ I ~ I) ; ~~__l___L___~ -l : Q il! -0 II I H~ :i / ~ ~ ~ TABB AVENUE 1 ~~~ r . I I 1_====11 ~---I---I---l=-~- - r I I I 1 I ~ I ~ I S I I ~ I ~ I Rl I I '" I U< I 1 I I I __I I ULO~~ ,,,,-- i L ----- 1 P=LOT 3 I --- 1---1-___ 8 i A T 2 IILOT 86 I 8 i"i '" L_L A ~ ~ i"i fTl , ~ I -- :0"'" I fTl ~ i PART I i g' []LOT 87 -t ~ I ~ ~ LOT 2~ " PART T ~ ~ N ~ w ! 1---- -, C- --- L; W _______~.E~~~J 8,~~;~~7tl~~T 88 ~__~ _ ~:1__ BLOCK 9~ 1 I 1 I LOT 75 L ~-----~ I LOT 76 1 I 1- LOT 13 BLOCK 105 I ---j I BLOCK 92 LOT 74 I I LOT 12 ::0 fTl Q ~~ fTl ::0 fTl o BLOCK 91 ~\l~ ,,:0 iDl>-l "'2 '" ... (D' il! :l: '" '" ~ ~\l~ ,,:0 LPl>-l "''' '" '" ",' :r: l> ::0 ::0 -< ~ o ::0 < fTl il! .. 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Page 81 SCHEDULE "F" THIS SCHEDULE IS SCHEDULE "F" to the Agreement which has been authorized and approved by By-law No. 2004-127 of The Corporation of the Municipality of Clarington, enacted and passed the 31st day of May, 2004. lANDS TO BE TRANSFERRED TO MUNICIPALITY AND I OR CASH TO BE PAID IN LIEU THEREOF (1) Dedication of lands The Owner shall deliver to the Municipality in a form satisfactory to the Municipality, transfers in fee simple absolute the following land shown on the 40M Plan: · Blocks 94, 95, 106, 110, 111, 112 and 113 · Blocks 104 and 105 · Block 103 · Blocks 107,108 and 109 · Parts 2 and 6 on 40R- 0.3 Metre Reserves Walkway Park Road Widening 0.3 Metres Reserves for Tabb Avenue and Broome Avenue Temporary Turning Circles Temporary Turning Circle for Tabb Avenue and Broome Avenue · Parts 3 and 7 on 40R- (2) Cash in Lieu of lands for Park or Other Public Recreational Purposes - NOT USED - On the execution of this Agreement, the Owner shall pay to the Municipality, as cash in lieu of the dedication by the Owner to the Municipality of lands for park or other public recreational purposes, the amount of five (5%) percent of the market value of the Lands being $ which the Owner and the Municipality hereby acknowledge and agree to be properly calculated at the rate of (5%) percent applied against the sum of $ dollars. , , Page 82 SCHEDULE"G" THIS SCHEDULE IS SCHEDULE "G" to the Agreement which has been authorized and approved by By-law No. 2004-127 of The Corporation of the Municipality of Clarington, enacted and passed the 31st day of May, 2004. WORKS REQUIRED The Owner shall construct, install, supervise and maintain the following Works, including all connections, alterations, adjustments and transitions required to suit existing systems or lands in accordance with the Municipality's Design Criteria and Standard Drawings, and the Engineering Drawings, all to the approval of the Director: (1)(a) A storm sewer system for the removal of upstream storm water and storm water originating within the said Lands, including storm sewer mains and connections, manholes, service connections, catch-basins and rear yard catch-basins and! leads, open channels, storm outfalls and structures and any other appurtenances and oversizing as may be required (the "Storm Sewer System"). (b) A stormwater management system consistent with the "Master Drainage Plan", complete with overland flow routes, detention and retention facilities, quality control devices, outlets, erosion and sedimentation control measures and any other necessary facilities as required (the "Stormwater Management System"). (c) A road system which accommodates the servicing of the Lands, providing for all vehicular and pedestrian traffic and access to all lots and blocks within the Lands, including the removal or installation of turning circles, and the Works requirecl within the road, including suitable subgrade, subbase and base granular materials., subdrains, base and top stage curbs and gutters, base and surface asphalt, traffic: control and street name signs and sidewalks and all streetscape components including street trees, boulevard topsoil and sodding, street lighting, gravel driveway aprons, and where sidewplks exist, gravel driveway aprons with paved surfaces between curb and sidewalk (the "Road System"). (d) A street lighting system which provides illumination of roads and walkways to servE~ the said Lands including all connections, energy and maintenance costs, appurtenant apparatus and equipment, in the locations as approved by thE~ Director (the "Street Lighting System"). , . Page 83 Schedule "G" - 2 - (e) Related Works including grading, landscaping, fencing, noise attenuation measures, walkways (including lighting) and other miscellaneous Works shown on the Engineering Drawings and Grading and Drainage Plan (the "Related Works"). PHASING OF THE WORKS The Works shall be divided into the following stages, unless otherwise approved by the Director: (2) INITIAL WORKS Storm Sewer System including all appurtenances; initial roadworks including subgrade, subbase and base granular materials, subdrains, base curbs, base asphalt, traffic control and street name signs of the Road System; grading; and noise attenuation fencing (collectively called "Initial Works"). (3) STORMWATER MANAGEMENT SYSTEM (4) STREET LIGHTING SYSTEM (5) FINAL WORKS final roadworks including top curbs and gutters, surface asphalt, sidewalks, street trees, boulevard topsoil and sodding and driveway aprons of thel Road System; and landscaping works, fencing, walkways and any remaining works not outlined in paragraphs (2), (3) and (4) of Schedule "G". , , Page 84 SCHEDULE "H" THIS SCHEDULE IS SCHEDULE "H" to the Agreement which has been authorized and approved by By-law No. 2004-127 of The Corporation of the Municipality of Clarington, enacted and passed the 31st day of May, 2004. UTILITIES AND SERVICES REQUIRED 1. ELECTRICAL SUPPLY SYSTEM The Owner shall arrange with the appropriate authority having jurisdiction for the design, provision and installation of an electrical supply system to serve the Lands, in the locations as approved by the Director. All electrical services are to be installed underground. The Owner shall also make any necessary arrangements with any T.V. Cable Company in order that the installation of any such system shall take place so far as possible contemporaneously with the installation of other services so as to cause minimum disruption of municipal services. 2. TELEPHONE SYSTEM The Owner shall arrange with Community Telephone Limited and/or Bell Canada for the design, provision and installation of a telephone system to serve the said Lands, as approved by the Director. All telephone services are to be installed underground. 3. GAS SUPPLY SYSTEM The Owner shall arrange with an appropriate gas company for the design, provision and installation of a complete gas supply system to serve the said Lands, including gas mains, and all appurtenant manholes, laterals, service connections, apparatus and equipment in the locations as approved by the Director. 4. CABLE TELEVISION The Owner shall arrange with the Cable Television Company having authority to provide its services within the area of the Plan of Subdivision for the design, provision and installation of a complete cable television distribution system to serve the said Lands. All cable television services are to be installed underground. . , Page 85 Schedule "H" - 2 - 5. MAIL DISTRIBUTION SYSTEM The Owner shall arrange with Canada Post for the provision and installation of 81 mail distribution system to service the said Lands, in the location as approved by the Director. The Owner acknowledges and agrees to bear all costs for the provision, installation and location of Community mailboxes to service this subdivision in 81 manner satisfactory to the Director of Engineering Services. . . Page 86 SCHEDULE "I" THIS SCHEDULE IS SCHEDULE "I" to the Agreement which has been authorized and approved by By-law No. 2004-127 of The Corporation of the Municipality of Clarington, enacted and passed the 31 sl day of May, 2004. DUTIES OF OWNER'S ENGINEER 1. DESIGN WORKS AND PRIVATE WORKS In addition to the other requirement of this Agreement, the Owner's Engineer shall prepare all drawings, plans, studies, reports, estimates, calculations and documentation for the consideration and approval of the Director, which include: (a) the Engineering Drawings and other related Drawings; (b) the Grading Plans, Drainage Plans, Landscaping Plans, Staging Plans, Utility Composite Plans, Master Drainage Plans, Erosion and Sedimentation Control Plans, Tree Preservation Plans, and other related Plans; (c) Traffic Reports, Soils Reports, Geotechnical Reports, Stormwater Management Reports, Stormwater Implementation Reports and other related Reports; (d) Schedules of Work; (e) the Works Cost Estimates or Stage Cost Estimate; and (f) all documentation and verification to support Performance Guarantee and Security for the Maintenance Guarantee reduction submissions. The approval of the Director shall not absolve or release the Owner or the Owner's Engineer of the responsibility and liability for any errors or omissions in the above drawings, plans, reports, stages or documentation or from liability for any damage or loss caused or resulting directly or indirectly by the Owner's Engineer. 2. REPRESENT OWNER AND OBTAIN MUNICIPALITY APPROVALS The Owner's Engineer is hereby authorized by the Owner to act as the Owner's representative in all matters pertaining to the design, construction and installation of the , , Page 87 Schedule "I" .2. works and the overall management of the development, and shall co-operate with the Municipality and the Director to protect the interests of the Municipality and the general public in all matters relating to the design, construction and installation of the Works. In addition, the Owner's Engineer shall work in accordance with all conditions of thE! Agreement, including Section 5 and Schedules "G", "H", "I", "J" AND "L". 3. PROVIDE RESIDENT SUPERVISION The Owner's Engineer shall provide fully qualified, experienced supervisory layout and inspection staff, acceptable to the Director, to provide continuous inspection serviCE! during all phases of the construction and installation of the Works and the private works. Without limiting the generality of the foregoing, the Owner's Engineer shall be responsible~ for the following: (a) To carry out or arrange for the carrying out by qualified personnel of field layout including the provision of line and grade to the contractors and, where required, restaking. (b) To thoroughly inspect the construction, installation, and supply of materials to ensure that all work is being performed in accordance with the Engineeringl Drawings, the Municipality's Design Criteria and Standard Drawings and alii applicable law. The Owner's Engineer shall have the authority and responsibility to immediately stop and/or reject any work, procedure, or material which in his. opinion does not comply with the Engineering Drawings, the Design Criteria and Standard Drawings, and/or the applicable law. (c) To carry out or arrange the carrying out by qualified personnel of all necessary monitoring and field testing of procedures, equipment and materials installed or proposed to be installed and, in conjunction with the geotechnical engineer, and where appropriate, the structural engineer, provide certification to the Director that all monitoring and test results meet the requirements of Schedule "L" of this. Agreement. (d) To provide co-ordination and scheduling of the construction and installation of the! Works in accordance with the timing provisions contained in this Agreement and the requirements of the Director. . , Page 88 Schedule "I" - 3 - (e) To investigate and immediately report to the Director any unusual circumstances, potential problems, conflicts, errors, defective work or material which may arise during the construction and installation of the Works. (f) To obtain field information during and upon completion of the construction and installation of the Works required to modify the Engineering Drawings to produce the as-constructed drawings of the Works. 4. MAINTAIN RECORDS The Owner's Engineer shall maintain all records, data, reports, approvals and orders pertaining to the construction and installation including all contract documents, sub-contracts and supply contracts, payment certificates, payment records and receipts, certificates of substantial performance, the names and addresses of all contractors, sub- contracts and proof of service and publication thereof in accordance with the provisions of applicable legislation and make all of the foregoing available for examination by the Director as required by the Director without cost. If any change is made in the terms of a contract, sub-contract or supply contract or in the name or address of a contractor, sub- contractor and supplier from information that may not have been provided to the Director by the Owner or the Owner's Engineer pursuant to this Agreement, the Owner's Engineer immediately after becoming apprised of each change shall give the Director written notice of it. 5. PROVIDE PROGRESS The Owner's Engineer shall provide the Director with reports on the progress of the construction and installation of the Works on a monthly basis, or at such other interval as approved by the Director. 6. PREPARE AS-CONSTRUCTED DRAWINGS The Owner's Engineer shall prepare and submit the as-constructed drawings of the Works together with the computer disks, if any have been prepared, to the Director provided that the as-constructed drawing shall be prepared to the satisfaction of the Director. , . SCHEDULE "J" Page 89 THIS SCHEDULE IS SCHEDULE "J" to the Agreement which has been authorized and approved by By-law No. 2004-127 of The Corporation of the Municipality of Clarington, enacted and passed the 31st day of May, 2004. WORKS COST ESTIMATES 1 Siltation Control 2 External - Nash/Hancock 3 External Storm 4 Grading R.O.W. and Pond 5 Park Block Servicing 6 Storm Sewers 7 Stormwater Management Facility 8 Roads - Year 1 9 Street Lights 10 Roads - Year 2 11 Driveway and Aprons 12 Boulevard Topsoil and Sod 13 Stormwater Management LDSCP. 14 Street Trees 15 Fencing Sub-total 5% Contingency Sub-total 10% Engineering Sub-total 6% G.S.T. TOTALS Plus 15% Holdback on Completed Work Plus 20% Completion Allowance on Fianl works 61,423.00 117,000.00 548,757.00 348,396.50 37,876.90 1,209,760.00 365,805.00 494,947.00 38,850.00 351,864.00 65,650.00 60,258.00 106,050.00 41,625.00 122,410.00 3,970,672.40 198,533.62 4,169,206.02 416,920.60 4,586,126.62 275,167.60 4,861,294.~~2 $0.00 $0.00 ~ . Page 90 Schedule "J" - 2 - SUBSEQUENT STAGES The Performance Guarantee for the Works shall be based on the preliminary Works Cost Estimates which have been submitted to the Director by the Owner's Engineer and approved by the Director. When the Engineering Drawings and the Landscaping Plan have been approved by the appropriate Director as is required by this Agreement, a revised Works Cost Estimates for the construction and installation of Works shall be prepared by the Owner's Engineer and submitted to the Director for approval. The revised Works Cost Estimates shall be used as a basis to adjust the Performance Guarantee, in the event of an increase or decrease in the Works Cost Estimate. Page 91 SCHEDULE "K" THIS SCHEDULE IS SCHEDULE "K" to the Agreement which has been authorized and approved by By-law No. 2004-127 of The Corporation of the Municipality of Clarington, enacted and passed the 31st day of May, 2004. INSURANCE REQUIRED 1. TYPES OF COVERAGE REQUIRED The Owner shall obtain and maintain insurance of the character commonly referred to as public liability and property damage with an insurance company approved by the Municipality's Director of Finance and licensed in Ontario to underwrite such insurance and containing terms and conditions which are acceptable to the Municipality's Director of Finance. Such policy or policies of insurance shall indemnify the Municipality against all damage or claims for damage for: (a) any loss or damage that shall or may happen to any of the Works or any of the Utilities or to any part or parts thereof respectively; (b) any loss or damage that shall or may happen to any of the materials or any of thH equipment or any other things used to construct or install any of the Works or any of the Utilities or any part or parts thereof respectively; (c) any injury to any person or persons including workmen employed on the said Lands and the public; (d) any loss or damage that shall or may result from the storage, use or handling of explosives; (e) any loss or damage that shall or may result from the drainage of surface waters on or from the said Lands; (f) any loss or damage that shall or may result from the disposal of effluent from any sewage disposal works; and (g) any loss or damage that shall or may happen to any public road or to any property of the Municipality or to the property of any other person either directly or indirectly by reason of the Owner undertaking the development of the said Lands togethE~r with any or all of the Works, Utilities and Services pertaining thereto. . , Page 92 Schedule "K" - 2 - 2. AMOUNTS OF COVERAGE REQUIRED Policy or policies of insurance shall be issued jointly in the names of the Owner and the Municipality and shall provide the following minimum coverages forfive million ($5,000,000.00) dollars for all damage arising out of one (1) accident or occurrence or series of accidents or occurrences. The issuance of such policy or policies of insurance or the acceptance of it or them by the Municipality shall not be construed to relieve the Owner from responsibility fOI' other or larger claims for which it may be held responsible. 3. EXEMPTION OF COVERAGE PROHIBITED The policy or policies of insurance shall contain no coverage exemptions or limitations for: (a) any shoring, underpinning, raising or demolition of any building or structure (b) any pile driving or caisson work; (c) any collapse or subsidence of any building, structure or land from any cause; or (d) any storage, handling or use of explosives in cases in which the Owner is required to obtain the Director's permission to carry out a blasting operation under Schedule "L" of this Agreement. 4. TERM OF INSURANCE The term of the required insurance shall commence no later than the day which the first Authorization to Commence Works is issued and shall terminate no earlier than the last day on which all Certificates of Acceptance have been issued for each of the Works for all the Works contemplated by this Agreement. Page 93 SCHEDULE "L" THIS SCHEDULE IS SCHEDULE ilL" to the Agreement which has been authorized and approved by By-law No. 2004-127 of The Corporation of the Municipality of Clarington, enacted and passed the 31st day of May, 2004. REGULATIONS FOR CONSTRUCTION 1. GENERAL All work pursuant to and associated with this Agreement shall be carried out in strict conformity with all approved Engineering Drawings, the Municipality's Design Criteria, Standard Drawings and Specifications or any revision thereof and all applicable legislation, in addition to any requirements set out in this Agreement. 2. SAFETY The Owner shall ensure that all construction pursuant to and associated with this Agreement is carried out in conformance with the Occupational Health and Safety Act, and other applicable legislation. 3. PERMITS AND APPROVALS The Owner shall ensure that any and all permits and approvals required to install or construct or prepare to install or construct any of the Works pursuant to or associated with any part of this Agreement have in fact been obtained and are valid and in good standing. 4. REQUIREMENTS FOR BLASTING Prior to commencing any blasting, the Owner shall obtain from the Director, permission to carry out the blasting operation. 5. REMOVAL OF TOPSOIL The Owner shall not remove any topsoil from the said Lands except for construction purpose and such topsoil must remain within the limits of the said Lands. , . Page 94 Schedule "l" - 2 - 6. DUMPING OF FILL OR DEBRIS The Owner agrees to neither dump, or permit to be dumped, any fill or debris, on nor to remove. or permit to be removed. any fill from any lands to be dedicated to the Municipality other than the roads within the limits of the said Lands. without the written consent of the Director. 7. DISPOSAL OF CONSTRUCTION GARBAGE The Owner shall remove and dispose of all construction garbage and debris from the said Lands in an orderly and sanitary fashion in a dump site off the said Lands and approved by the Director. The Municipality shall not be responsible for the removal or disposal of garbage and debris. The Owner shall deliver a copy of this provision to each and every builder obtaining a building permit for any part of the said Lands and to ensurel that no burning of construction garbage or debris is permitted on the said Lands. Without derogating from the foregoing provisions of this paragraph. if the Owner fails to remove construction garbage or debris from the Lands for a period of three (3) consecutive days following the giving of written notice by the Director to the Owner requiring it to do so, thH Director may cause the construction garbage or debris to be removed to and disposed of in the aforesaid dumping site at the expense of the Owner. Forthwith after the Director gives written notice to the Owner requiring it to pay for the costs incurred in removing and disposing of the construction garbage or debris, the Owner shall pay the Municipality thE~ amount of money for it is invoiced. 8. QUALITATIVE AND QUANTITATIVE TESTS (1) The Owner's Engineer shall arrange for and monitor all testing or procedures, equipment and materials, by a qualified geotechnical engineer and whene applicable, a qualified structural engineer, who shall ensure conformance with the Engineering Drawings. and with the Municipality's Design Criteria and Standard Drawings, or in cases where criteria have not been specified by the Municipality, with the Ontario Provincial Standards for Roads and Municipal Services. (2) Prior to the issuance of a Certificate of Completion, the Owner's Engineer, in conjunction with the geotechnical engineer and where applicable structural engineer, shall issue a certificate in a form acceptable to the Director, confirminH. based on the location. frequency and type of tests and monitoring and the results . . Page 95 Schedule "l" - 3 - of such tests or monitoring, that he is satisfied with the materials testing methods used and that the results conform to the requirements of paragraph 8(1) of this Schedule "L". (3) The Owner agrees that the Director may, at his sole discretion, employ a geotechnical engineer to carry out independent qualitive or quantitative tests on behalf of the Municipality, for any portion of the Works, procedures, equipment or materials installed or constructed or to be installed or constructed and that the costs of such testing shall be paid by the Owner. 9. TELEVISED INSPECTION OF STORM SEWER The Owner agrees to televise and record, to the satisfaction of the Director, and for Municipality use, all of the storm sewers, and where deemed necessary by the Director, all catch basin leads and service connections and, subsequent to any rectifications or additional work, to re-televise and record to the satisfaction of the Director, any storm sewer, catchbasin lead, rear yard catchbasin lead or service connection and that all associated costs shall be paid by the Owner. 10. WINTER CONSTRUCTION In addition to the materials testing criteria for cold weather construction, any pipe bedding, trench backfill or road building material found to contain frozen material shall bl3 deemed unacceptable and shall be removed immediately. The Owner shall not commence placement of base asphalt paving later than December 1 st and shall not commence placement of surface asphalt paving later than November 15th, unless approved otherwise by the Director. Should the Director be of the opinion that any of the Works are not being constructed using effective cold-weather precautions he may, in his absolute discretion, revoke any Authorization to Commence Works and suspend construction by issuing a stop work order to be in effect until the Director give the Owner written notice of the termination of the stop work order. Page 96 Schedule "l" - 4 - 11. MAINTENANCE, CLOSING AND USE OF EXTERNAL ROADS The Owner shall, at all times during the life of this Agreement ensure that durin~1 any construction on the said Lands, all public highways abutting the said Lands and all public highways used for access to the said Lands, shall be maintained in a condition at least equal to their condition on the date as of which this Agreement is made, and in all cases to the satisfaction of the Director. At all times, the Owner shall maintain all such highways free of dust and mud which originate from the Lands. If, in the opinion of thE~ Director, a highway has been damaged as a result of the construction, installation or maintenance of the Works, or the development of any portion of the Lands as a result of any action or default by any person other than the Municipality, its agents, employees or contractors, forthwith after the Director gives the Owner written notice of his opinion, thH Owner, at the Owner's expense, shall repair such road to the condition which is at least equal to its condition immediately prior to the date of such damage, to the satisfaction of the Director. No highway outside the limits of the said Lands shall be closed without thl~ prior written approval of the authority having jurisdiction over such highway. The Owner agrees not to use or occupy any untravelled portion of any road allowance without the prior written approval of the authority having jurisdiction over such road allowance. Prior to the placement of the base course of asphalt on any road required to ble constructed under this Agreement, the Owner shall remove any contamination of the granular base course and repair and replace such base course, where necessary, to th,e approval of the Director, in order that the construction of such road shall not have suffered due to any use of the granular base course as a temporary road. Similarly, prior to the placement of the surface of asphalt on any road required to be constructed under this Agreement, the Owner shall clean the base course of asphalt and repair and replace such base course where necessary. Until the roads within the 40M Plan are assumed by the Municipality, the Ownm shall maintain all internal roads in a condition acceptable to the Director, and shall ensure these roads are free of dust and mud. 12. WEED AND RAT CONTROL After the commencement of construction the Owner shall institute upon the Lands a program of weed and rat control to the satisfaction of the Director. Page 97 SCHEDULE"M" THIS SCHEDULE IS SCHEDULE "M" to the Agreement which has been authorized and approved by By-law No. 2004-127 of The Corporation of the Municipality of Clarington, enacted and passed the 31st day of May, 2004. USE OF THE LANDS The Owner agrees that the said Lands shall not be used for the purpose other than as set out in the following table: LOT OR BLOCK NUMBER PERMITTED LAND USE ON 40M PLAN Blocks 96 to 99 Blocks 100,101 and 102 Block 103 Blocks 104 and 105 Blocks 107, 108 and 109 Blocks 94,95,106,110 to 113 Single Family Dwellings Future Residential Semi-Detached Dwelling Units Future Residential Single Family Dwellings Future Residential Future Development Retained by Owner Park Land Walkways Road Widening 0.3 Metre Reserves Lots 1 to 67, 74 to 78, 85 to 89 Blocks 90 to 92 Block 93 Page 98 SCHEDULE "N" THIS SCHEDULE IS SCHEDULE "N" to the Agreement which has been authorized and approved by By-law No. 2004-127 of The Corporation of the Municipality of Clarington, enacted and passed the 31st day of May, 2004. LANDS UNSUITABLE FOR BUILDING The Owner agrees that no application will be made for a building permit for thE~ erection of any structure on the Lands listed in the following table, until the conditions listed in the following table have been satisfied to the approval of the Director of Engineering and/or any other Authorities having jurisdiction. LOT OR BLOCK NUMBER PERMITTED LAND USE ON 40M-PLAN Blocks 90,91 and 92 The Owner shall not require or cause or suffer any person to require building permits to be issued until such time as the provision of paragraph 4.12(16) have been satisfied. Block 93 The Owner shall not require or cause or suffer any person to require building permits to be issued until such time as the provisions of paragraph 4.12(53) have been satisfied. Blocks 96,97,98,99, 100, 101 and 102 The Owner shall not require or cause or Suffer any person to require building permits to be issued until such time said block has received the appropriate approvals to permit the development of said lands. Page 99 SCHEDULE "0" THIS SCHEDULE IS SCHEDULE "0" to the Agreement which has been authorized and approved by By-law No. 2004-127 of The Corporation of the Municipality of Clarington, enacted and passed the 31st day of May, 2004. LANDS REQUIRING SITE PLAN APPROVAL The Owner shall not make or permit or offer any person(s) to make an application for a building permit for the erection of any building or structure on any of the lands listecl in the following table until a Site Agreement has been entered into with the Municipality and the building complies in all respects with the terms of the Site Plan Agreement. LOT OR BLOCK NUMBER PERMITTED LAND USE ON 40M PLAN - NOT USED - Page 100 SCHEDULE "P" THIS SCHEDULE IS SCHEDULE "P" to the Agreement which has been authorized and approved by By-law No. 2004-127 of The Corporation of the Municipality of Clarington, enacted and passed the 31st day of May, 2004. - SEE PARAGRAPH 4.12 (20)- Page 101 SCHEDULE"Q" THIS SCHEDULE IS SCHEDULE "Q" to the Agreement which has been authorized and approved by By-law No. 2004-127 of The Corporation of the Municipality of Clarington, enacted and passed the 31st day of May, 2004. CONSERVATION AUTHORITY'S WORKS 1. That the Owner agrees that prior to anyon-site grading or construction or final approval of the plan, the Owner shall submit to, and obtain approval from Conservation Authority for reports describing the following: a) the intended means of conveying storm water flow from the site, includin~~ use of storm water techniques that are satisfactory to the Conservation Authority; b) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been undertaken; and, c) the means whereby erosion and sedimentation and their effects will bl3 minimized on the site during and after construction, in accordance witt, provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as i3 result of on-site, or other related works, to comply with the Canada Fisheries Act. 2. That the Owner agrees that prior to final approval of the plan or any site alteration, the Owner shall submit and obtain approval from Central Lake Ontario Conservation Authority, the Director of Public Works and the Director of Planning and Development for: a) forest edge management plans for Lots 12 to 70, detailing measures to be implemented to protect the forest edge, including but not limited to, soil compaction, buffers and drainage; b) detailed design and location plan of all groundwater infiltration measurElS to be incorporated on site; and, c) an environmental construction management plan, which details the construction timing and specifications for all environmental impact mitigation measures, including project management and site supervision. . . Page 102 3. That the Owner shall agree in the subdivision agreement to: a) develop the plan in accordance with the plans, reports, and recommendations as required through Conditions 51 and 52; b) maintain existing paige wire farm fence along the west property limits of Lots 12-39 and the north property limits of Lots 40-70 during the period of construction; c) install temporary fencing, with filter fabric attached, at least 2 metres outside of the dripline of the woodlots adjacent to Lots 12-70 prior to any construction occurring on said lots; d) install permanent chain-link fencing along the west property limits of Lots 12-39 and the north property limits of Lots 40 to 70 prior to any construction occurring on Lots 12-70 in accordance with the provisions of the Environmental Impact Statement, Courtice North 3CII, Ecoplans Limited, 1996 and Municipality's Design Standards and Specifications. . , Page 103 SCHEDULE "R" THIS SCHEDULE IS SCHEDULE "R" to the Agreement which has been authorized and approved by By-law No. 2004-127 of The Corporation of the Municipality of Clarington, enacted and passed the 31st day of May, 2004. ENGINEERING AND INSPECTION FEES Estimated Cost of Works Fees Up to $100,000.00 4% to a maximum of $4,000.00 $100,000.00 to $500,000.00 $4,000.00 or 3.5% of the estimated cost of services - whichever is greater $500,000.00 to $1,000,000.00 $17,500.00 or 3% of the estimated cost of services - whichever is greater $1,000,000.00 to $2,000,000.00 $30,000.00 or 2.50% of the estimated cost of services - whichever is greater $2,000,000.00 to $3,000,000.00 $50,000.00 or 2.25% of the estimatefj cost of services - whichever is greater $3,000,000.00 or greater $67,500.00 or 2% of the estimated cost of services - whichever is greater For the purposes of calculating the Engineering and Inspection Fees as contemplated by this Schedule, the estimated costs of Works shall include the Cost Estimates as specified in Schedule "J" hereto, and shall also include the estimated cost of Region services. The payment of the Engineering and Inspection fees to the Municipality are subject to the Goods and Services Tax, and therefore an additional six (6%) percent must be added to the fees calculated using this Schedule and paid by the Owner to the Municipality. The Engineering and Inspection Fees are to be paid to the Municipality prior to issuance of the Authorization to Commence Works provided that if there is a Staging Plan the Engineering and Inspection Fees relating to each stage are to be paid to the Municipality prior to issuance of the Authorization to Commence Works for the stage in question. , . Page 104 SCHEDULE "S" THIS SCHEDULE IS SCHEDULE "S" to the Agreement which has been authorized and approved by By-law No. 2004-127 of The Corporation of the Municipality of Clarington, enacted and passed the 31st day of May, 2004. CONDITIONS OF APPROVAL DRAFT PLAN OF SUBDIVISION 18T-92014 Plan Identification 1. That this approval applies to draft Plan of Subdivision 18T-92014 prepared by Bousfield, Dale-Harris, Cutler and Smith dated April 7, 1998 (and further revised in red as per the attached plan) showing Lots 1 to 70, 77 to 81 and 91 to 95 all inclusive for single detached dwellings, Lots 71 to 76, 82 to 84 and 88 to 90 all inclusive for semi-detached or linked dwellings, Block 102 for school, Block 1 m~ for park, Blocks 104 and 105 for Walkway, and various blocks for reserve, road widening, site triangle etc. Final Plan ReQuirements 2. That all streets within the Plan of Subdivision shall be dedicated as publiG highway and shown as such on the final plan. 3. That all streets shall be named to the satisfaction of the Municipality of Clarington and shown on the final plan. ReQuirements to be satisfied prior to Subdivision Aareement 4. That the Owner shall retain a qualified landscape architect to prepare and submit a Landscaping Plan to the Director of Public Works and the Director of Planning and Development for review and approval. The Landscaping Plan shall refleGt the design criteria of the Municipality as amended from time to time. 5. That the Owner shall retain a qualified Engineer to prepare and submit a Hydrogelogist Report to the Director of Planning and Development to demonstrate that the proposed development will not adversely impact the existing wells in the surrounding areas. 6. That the Owner shall retain a professional engineer to prepare and submit a Master Drainage and Lot Grading Plan to the Director of Public Works for review and approval. All plans and drawings must conform to the Municipality's Design Criteria as amended from time to time and must detail the collection and configuration of the on-site storm sewer system (minor system) and the conveyance of the overland flow (major system) from this subdivision. 7. That the Owner shall retain a qualified consultant to prepare and submit a Tree Preservation plan to the Director of Planning and Development for review and approval. 8. That Block 77, Plan 40M-1675 either will be acquired by the Owner at its cost and transferred to the Municipality free and clear of encumbrances and restrictions, or if the Municipality decides to acquire it, the Owner will reimburse the Municipality for the costs of acquiring Block 77, Plan 40M-1675 for the construction of stormwater management works for the watershed prior to the execution of the Subdivision Agreement by the Municipaltiy. . , Page 105 Schedule "S" - 2 - 9. That the Owner shall dedicate Block 1 03 for park purposes, free and clear of any encumbrances and in a condition satisfactory to the Director of Public Works. Any overdedication of parkland provided by the Owner in the draft plan, draft plan of subdivision 18T-94027, and any other lands acquired by the Owner in the Neighbourhood for which the applicant requires reimbursement, shall be! addressed in the subdivision agreement. Requirements to be included in Subdivision Aareement 10. That the Owner shall enter into a Subdivision agreement with the Municipality and agree to abide by all terms and conditions of the Municipality's subdivision agreement, including, but not limited to, the requirements that follow. 11. That all easements, road widening, and reserves as required by the Municipality shall be granted to the Municipality free and clear of all encumbrances. 12. That the Owner shall pay to the Municipality, the development charge in accordance to the Development Charges By-law as amended from time to time, as well as payment of a portion of front end charges pursuant to thE~ Development Charges Act if any are required to be paid by the owner. 13. That the Owner shall provide and install sidewalks, street lights, temporary turning circles etc. as per the Municipality's standards and criteria. 14. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV, etc. to be installed underground for both primary and secondary services. 15. That the Owner shall provide the Municipality, at the time of execution of thl3 subdivision agreement unconditional and irrevocable Letters of Credit acceptablt3 to the Municipality's treasurer, with respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and other guarantees or deposit as may be required by the Municipality. 16. That the Owner shall adhere to architectural control requirements of th,e Municipality. 17. That prior to the issuance of building permits, the Owner shall, through its acoustic engineer, provide a certification to the Director of Planning, certifying that the Builder's plans are in accordance with the Noise Control Report as approved by the region of Durham and the Municipality of Clarington. 18. That prior to the issuance of building permits, access routes to the subdivision must be provided to meet subsection 3.2.5.2(6) of the Ontario Building Code and, that all watermains and hydrants are fully serviced and the Owner agreE~s that during construction, fire access routes be maintained according to Subsection 2.5.1.2 of the Ontario Fire code, storage of combustible waste be maintained as per Subsection 2.4.1.1 of the Ontario Fire Code and open burning as per Subsection 2.6.3.4 of the Ontario Fire Code. 19. That the Owner agrees that were the well or private water supply of any person is interfered with as a result of construction or the development of the subdivision, the Owner shall at his expense, either connect the affected party to municipal water supply system or provide a new well or private water system so that water supplied to the affected party shall be of quality and quantity at least equal to the quality and quantity of water enjoyed by the affected party prior to the interference. I . Page 106 Schedule "S" - 3 - 20. That the Owner agrees to re-Iot Lots 91-94 to provide the following frontages: a) Lots 91 - 11 metres b) Lots 92 - 11 metres c) Lots 93 - 11 metres d) Lots 94 - 13.25 metres 21. That the Owner agrees that the south side of Street "B" must be fully serviced with . ~ater, sanitary sewer, storm sewer, hydro, telephone, gas and cable televIsion for an future lots which may front onto the south side of Street "B". The servicing of the future lots on the south side of Street "B" shall be in a configuration acceptable to the Director of Planning Services and acceptable to the Director of Public Works. 22. That the Owner agrees to be responsible for the implementation of traffic-related improvements deemed necessary by the Director of Public Works to service this subdivision and as indicated in the Hancock Neighbourhood Plan Site Traffic Analysis prepared by RGP Transtech Inc., dated October, 1997. Specific improvements will be determined at the detailed engineering review stage with consideration given to the conclusions in Section 9 of the Traffic Analysis. The timing of the implementation of any traffic control measures shall be determined at the discretion of the Director of Public Works. 23. That the Owner agrees that Lots 85 to 87, all inclusive, be red-lined revised to create three future development Blocks to be developed at such time as Street "F" is constructed to the satisfaction of the Director of Public Works. 24. That the Owner agrees that temporary turning circles be provided at the terminus. of Streets "c" and "0". Lots 73, 74 84 and 88 will remain "frozen" until such time! as the adjacent lands to the east are developed and the roadways are extended! and constructed to a finished urban standard including Regional services" asphalt paving, curb and gutter, sodded boulevard, sidewalk, street trees and street lighting for the entire frontage width abutting the "frozen" lots. Due to the lack of a defined time frame for the extension of Streets "c" and "D", the Director of Public Works may require that the temporary turning circles be constructed to an urban road standard. 25. That the Owner agrees to provide a temporary intersection configuration at thE! intersection of Streets "A" and "B". No portion of Street "A" situated north of Street "B" shall be constructed until such time as the Owner has entered into an appropriate development agreement for the lands situated immediately to the north of this subdivision. Lots 40-42 at the end of Street "A" will remain frozen until such time as the adjacent lands to the north are developed and the roadway has been extended and constructed to a finished urban standard includin~l regional services, asphalt paving, curb and gutter, sodded boulevard, sidewalk, street trees, and street lighting, for the entire frontage width abutting the "frozen" lots. Due to the lack of a defined time frame for the extension of Street "A" to thE! north, the temporary intersection configuration must be constructed to an urban road standard. 26. That the Owner agrees to be responsible for 100% of the cost of any works, road or drainage related, that are associated with providing a suitable road connection for Street "B" to Hancock Road. The works deemed necessary to facilitate a suitable connection shall be determined at the discretion of the Director of Public Works. 27. That the Owner agrees that Street "E" must be constructed in conjunction with the other Streets within this plan of subdivision. Page 107 Schedule "S" -4- 28. That the Owner agre~s to make the front end payments to the Municipality for the amounts stated m the Macourtice front-Ending Agreement entered into between t he Municipality and Macourtice Developments Inc. prepared by G.M. Sernat and Associates dated April, 1997 and as finally approved by the Director of Public Works. 29. That. ~h~ Owner agre.es that the Subdivision Agreement for this plan of ~U~dlvlslon shall contam appropriate clauses detailing the front end payment, timing, amount and in accordance with the provisions of the Development Charges legislation, the Front Ending agreement and to the satisfaction of the Municipality's solicitor and the Director of Public Works. 30. That the Owner agrees that the phasing or development of this plan of subdivision will be dependent upon the construction of the storm water management works for this watershed, external servicing and the construction and funding of external road improvements. The proposed phasing of this draft plan shall conform to the recommendations contained in the Hancock Neighbourhood Plan Development Phasing Document, dated February 1998, prepared by G.M. Sernas and Associates and will be subject to the approval of the Director of Public Works at the engineering approval stage. 31. That the Owner agrees that all aspects of municipal servicing must bl3 implemented in accordance with the recommendations of the Hancock Neighbourhood Plan Development Phasing Document, dated February 1998, prepared by G.M. Sernas and Associates and as finally approved by the Director of Public Works. 32. That the Owner agrees that the location of the future truck sanitary seWElr servicing lands situated north of the Hancok Neighbourhood must be finalized. The ultimate location must not adversely affect the roads, parks or parkettes within the Hancock Neighbourhood. 33. That the Owner agrees to provide full urban services (sanitary sewer, watermain and storm sewer connections) for lot 95 located on Nash Road. 34. That the Owner agrees that residential lots 40 to 70 inclusive are situated adjacent to lands designated as a woodlot and must not interfere with the natural drainage from the woodlots to Streets "A" or "B". Additional measure such GIS rear yard catchbasins, external easements and swales may also be required. The Director of Public Works . may require additional measures to be implemented to address this matter. 35. That the Owner agrees that the forest edge management plan for Lots 40 to i'O may require an amendment in consideration of the Municipality's lot grading guidelines and municipal servicing. Any trees in the opinion of the Director of Engineering Services, which are in conflict with lot grading or municipal servicing and cannot be saved, will be designated for removal. 36. That the Owner agrees that the final engineering design of the major flow route must minimize the placement of fill within the subdivision. 37. That the Owner agrees that the Director of Engineering Services shall approvE~d the use of rear yard catchbasins within the subdivision which must be minimized. 38. That the Owner agrees that the stormwater management works necessary for this watershed and draft plan, must be constructed at the Owner's cost in accordance with the East (Macourtice) Tributary of Black Creek Master Draina~le , . Page 108 Schedule "S" - 6 - Study, dated August 1991, prepared by G.M. Sernas and Associates and as. finally approved by the Director of Engineering Services. 39. That the Owner agrees to provide the Engineering Services Department with 81 Stormwater Management Implementation Report, which provides for thE~ sequential construction of the stormwater management works necessary for the! entire watershed and addresses the impacts of developing this draft plan in thEl absence of the balance of the watershed. The required report shall be subject to the approval of the Director of Engineering Services. 40. That the Owner agrees that storm water drainage under minor and major storm conditions within this Plan of Subdivision must be directed to open space landB whenever possible. The engineering design for this draft plan must make appropriate provision for this requirement. 41. That the Owner agrees to provide a water supply contingency plan satisfactory to the Director of Engineering Services for the supply of water to the local residences in the event that during subdivision servicing, the groundwater tablE~ has been impacted. This plan may include the provision for the extension of watermains, if deemed necessary by the Director of Engineering Services. 42. That the Owner agrees to be responsible for the construction at its expense or to provide a financial contribution to the Municipality towards the construction of any downstream erosion protection works which are in the opinion of the Director of Engineering Services caused or aggravated by the development of this Plan of Subdivision. 43. That the Owner agrees that all works and facilities necessary for groundwatElr management must be constructed in accordance with the environmental Impact statement (Courtice North 3CII dated 1996, prepared by Ecoplans Ltd. and as finally approved by Central Lake Ontario Conservation. 44. That the Owner agrees that appropriate provision must made for on-street parking in accordance with current municipal policies. The detailed engineering design for this subdivision must incorporate any specific requirements contained in the Neighbourhood plan. 45. That the Owner agrees to establish a geodetic benchmark in the vicinity of Regional Road 34 and future George Reynolds Drive which will serve as vertical control for the Hancock Neighbourhood. The Owner will be responsible for 100% of the cost of establishing this benchmark. 46. That the Owner agrees that this development cannot proceed to construction until such time as the Municipality has approved the expenditure of funds for the provision of roads, street lighting or sidewalk improvements on Nash Road and Hancock Road. 47. That the Owner agrees that as a condition of approval to permit the installation of municipal services within the Nash Road pavement structure, the Owner is required to restore the Nash Road pavement structure. Nash Road must be restored to a rural standard constructed at an urban road profile including appropriate granular base, sub-base and base asphalt, from Street "An westerly to the limit of the future Storm Water Management Pond, in accordance with the Municipality's Design Standards and Specifications and to the satisfaction of the Director of Public Works. 48. That the Owner agrees that this development cannot proceed until such time as the Municipality has approved the expenditure of funds for the construction of the Page 109 Schedule liS" - 6 - Neighbourhood Park as well as any other external works or services which have! been included in the Municipality's Development Charges By-law and have been deemed necessary by the Director of Public works to service this development. 49. That the Owner agrees that all works and services must be designed and constructed in accordance with the Municipality of Clarington Design Criteria and Standard Drawings, the provisions of the Municipality of Clarington Development By-law 92-015 and all applicable legislation to the satisfaction of the Director of Public Works. 50. That the Owner agrees to meet all the requirements of the Public Works Department, financial or otherwise. 51. That the Owner agrees that prior to anyon-site grading or construction of final approval of the plan, the Owner shall submit to, and obtain approval for thE~ conservation Authority for reports describing the following: a) the intended means of conveying storm water flow from the site, including use of storm water techniques that are satisfactory to thf~ Conservation Authority; b) the anticipated impact of the development on water quality, as it relates to fish and wildlife habitat once adequate protective measures have been undertaken; and c) the means whereby erosion and sedimentation and their effects will bl3 minimized on the site during and after construction, in accordance with provincial guidelines. The report must outline all actions to be taken to prevent an increase in the concentration of solids in any water body as a result of on-site, or other related works, to comply with the Canada fisheries Act. 52. That the Owner agrees that prior to final approval of the plan or any site alteration, the Owner shall submit and obtain approval from Central Lake Ontario Conservation Authority, the Director of Public Works and the Director of Planning Services for: b) c) forest edge management plans for Lots 12 to 70, detailing measures to be implemented to protect the forest edge, including but not limited to, soil compaction, buffers and drainage; detailed design and location plans for all groundwater infiltration measures to be incorporated on site; and an environmental construction management plan, which details the construction timing and specifications for all environmental impact mitigation measures, including project management and site supervision. a) 53. That the Owner shall agree in the subdivision agreement to: a) develop the plan in accordance with the plans, reports, and recommendations as required through Conditions 51 and 52; b) maintain existing paige wire farm fence along the west property limits of Lots 12-39 and the north property limits of Lots 40-70 during the period of construction; c) install temporary fencing, with filter fabric attached, at least 2 metres outside of the dripline of the woodlots adjacent to Lots 12-70 prior to any construction occurring on said lots; d) install permanent chain-link fencing along the west property limits of Lots 12-39 and the north property limits of Lots 40-70 prior to any construction occurring on Lots 12-70 in accordance with the provisions Page 110 Schedule "S" - 7 - of the Environmental Impact Statement, Courtice North 3CII, Ecoplans Limited, 1996 and MuniCipality's Design Standards and Specifications. 54. That the Owner shall confirm that satisfactory arrangements, financial 01' otherwise, have been made with Bell Canada for any Bell Canada facilities serving this draft plan of subdivision which are required by the Municipal to be! installed underground. 55. That the Owner shall agree in the subdivision agreement, in words satisfactory to Bell Canada, to grant Bell Canada any easements that may be required fOI" telecommunication services. 56. That the Owner provide the Planning Department, on disk in a CAD format acceptable to the Municipality a copy of the Plan of Subdivision as draft approved and as registered. 56.a) That prior to the registration of the plan, the Owner shall enter into an Option Agreement with the Kawartha Pine Ridge District School Board for the purchasE~ of a portion of the public school site to the satisfaction of the School Board. Other Requirements 57. That the Owner shall pay for those service charges and/or development charges which are in effect at the time of registration of any portion of this plan. Said charges shall pertain to those services which are the responsibility of this Region. 58. That the Owner shall obtain and grant to the Region, all easements required to provide Regional services for this development, and these easements shall be in locations and of such widths as determined by the Region and shall be granted with the execution of the subdivision agreement. 59. That the Owner agrees that engineering drawings for Regional services and the proposed final plan of subdivision shall be submitted to, and approved by, the Regional Works Department prior to the preparation of the subdivision agreement. 60. That the Owner agrees that satisfactory arrangements shall be made for the financing of the Region's share of servicing, if any, prior to the release of the final plan for registration. 61. That the Owner agrees that sanitary sewers and watermains shall be designeld in accordance with those standards approved by the Region. 62. That the Owner agrees that if this subdivision is proposed to be developed by more than one registration, the Owner shall be required to submit a plan showing the proposed phasing, to the satisfaction of the Region. 63. That the Owner agrees that any sanitary or water services within the plan which are proposed to be relocated shall be maintained in full service until such time as the new services have been completed and approved by the Region, and all costs incurred in relocation and abandonment of these services shall be borne by the Owner. 64. That the Owner agrees in writing to satisfy all the requirements of the Region concerning the provision of roads, sewers, water, and other Regional services. ... t f Page 111 Schedule "S" - 8 - 65. That the Owner provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of the plan which are required to service such a plan. In addition, the Owner shall provide for the extension of trunk sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities shall be designed and constructed according to the standards and requirements of the. Works Department of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be to the satisfaction of the~ Regional Municipality of Durham and are to be completed prior to release of thE~ final plan of registration. 66. That the Owner shall satisfy the Region, prior to entering into a subdivision agreement, that adequate water pollution control plant and water supply plant capacities are available to service the development. 67. That the Owner agrees that traffic control measures, to ensure safe pedestrian movement across Nash Road, be provided. These measures shall include signalization and crosswalks at the intersection of Nash Road and Street "A" and shall be to the satisfaction of the Peterborough Victoria Northumberland and Clarington Roman Catholic Separate School Board. 68. That the Owner shall retain a qualified hydrogeologist to monitor private water supplies potentially affected by the proposed development prior to, during and after subsurface construction, to the satisfaction of the Region of Durham. 69. The Owner shall agree in the Municipality of Clarington Subdivision Agreement to implement the recommendations of the report, entitled "Noise Impact Study, Plans of Subdivision 18T-94027 (Rev.) and 18T-92014 Rev.), Municipality of Clarington", prepared by G. M. Sernas and Associates, dated January 27, 1998 and addendum dated March 23, 1998 or any revisions thereto which specifies noise attenuation measures for the developments. The measures shall be included in the subdivision agreement and must also contain a full and complete reference to the noise report (i.e. author, title, data and any revisions/addenda) and shall include an required warning clauses identified in the study. The Owner shall provide the Region with a copy of the subdivision agreement containing such provisions prior to final approval of the plan. 70. Prior to final approval of this plan for registration, the Regional Municipality of Durham shall be advised in writing by: e) The Municipality of Clarington, how Conditions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,12,13,14,15,16,17,18,19,20,21,22,23,24,25,26, 27, 28, 2'9, 30,31,32,33,34,35,36,37,38,39,40,41,42,43,44,45, 46, 47, 48, 49, 50 and 56 have been satisfied; Central Lake Ontario Conservation, how Conditions 51 a), 51 b), 51 C:), 52a), 52b), 52c), 53a), 53b), 53c), and 53d) have been satisfied; Bell Canada, how Conditions 54 and 55 have been satisfied; Kawartha Pine Ridge District School Board, how Condition 56 a) has been satisfied; and Regional Municipality of Durham, how Conditions 57, 58, 59, 60, 61, 62, 63,64,65,66,67,68 and 69 have been satisfied. a) b) c) d) Page 112 SCHEDULE "T" THIS SCHEDULE IS SCHEDULE "T" to the Agreement which has been authorized and approved by By-law No. 2004-127 of The Corporation of the Municipality of Clarington, enacted and passed the 31st day of May, 2004. "TREE PRESERVATION PLAN" A copy of the Landscaping Plan, as approved is on file with the Municipality of Clarington and can be viewed at 40 Temperance Street, Bowmanville in the offices of the Engineering Services Department. w.ra1 L.N! - ~ ro 1l'1 \;u ........... ~ -< ~ .... C) > -< !l!~ ~;', ~ . a'i; oil IS~ · I~ lr~ I ~ IS I tiS I r :: ~= \ · I ~S -Lfi .. . , . ~.~I~' r/,~~ ~I I:l ~ ~ 11~ ?.......u.......... r I II i I tI~ I:lS L\~ r;r= '" l!IS ~u ;$ ...~ ~ il~ ~ k~;l~ .. g<L'" ~ I ;S ~r \S,~~, ;S ~ I Ii I ;~ .... c:~ ~~ = liS s~ =S --- --- --- \ -. o'lt f . .'It .~ - . . ~IS il_ 'IS ,...... -- ill~ I I =1 II I II o. . BR~"'E AVENU~ ~ I _ ~;:s~._._.- il "''' · .... "'" ".:I" 17- ~ : I~ I C: ::J: ;ul ;u" ' -< - ~. = ~ I . ~ I:~~ . l~lIi;;;lrll f r II' ('f f ~ i~lll ~8 (]) !i! r f! i ~..~ h a~ I' I! ~ ~~I~ il ~ ~ j~! i 1l~111f(i) .'1 I ~ i I~ II ~~ '( ~) !~, I d II' I! IL- ' r - :--- ~" '- ILllCICI - . ........ 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Cl () (]) I," II ;;l l!l;s P 5;0 · I r . r:l zeilll trI(J) I I I~ ~ ~;:.a ! 1il ~ In . l'l ~~ 'I ~ ~ ~: l ~ $l~111~0 I'l I ~ q !! n 'i ~ ] !~ r I III 11', llUIIIII, : I lilHJIHI 'It If ill' If lil~l~ II I :I.II! 1 11;1111 !q 'I!'." II II! Ii! "~.'I ~~ q J ~ I l- I ~illll II- ~: 11'11 ill 1111 1'1 e. ilIIJI~IUi IH~III~ IJ1,pJII= l~rn~~li g ;)11 ""fIITT Ilti ~g -. I II HIi II i I .. 1 . Page 113 SCHEDULE "U" THIS SCHEDULE IS SCHEDULE "U" to the Agreement which has been authorized and approved by By-law No. 2004-127 of The Corporation of the Municipality of Clarington, enacted and passed the 31st day of May, 2004. LANDSCAPING PLAN (See Attached) A copy of the Landscaping Plan, as approved is on file with the Municipality of Clarington and can be viewed at 40 Temperance Street, Bowmanville in the offices of the Engineering Services Department. , , LIMIT OF SUBDIVISION I I I .'11......1 II: Ut Ii: Ut g ~ '" hI .U"U ~ aM. 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II ~2 ~ . ~~; ~ ~~ II i; I 0< ;!I~ 1~I;a ~~ ~ !~~; ~J~~ ~h<l ~~~ll d~/I a~1 ;i~1 i~ ~ ~i;i~~ ~lila<lt ~I<l~a~ <lJn~1I ililiJ lQ Ill~a.~ !I~;~ . - Page 114 SCHEDULE "V" THIS SCHEDULE IS SCHEDULE "V" to the Agreement which has been authorized and approved by By-law No. 2004-127 of The Corporation of the Municipality of Clarington, enacted and passed the 31st day of May, 2004. REQUIREMENTS OF OTHER AGENCIES 1. BELL CANADA That the Owner shall agree in the Subdivision Agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services. That the Owner shall confirm that satisfactory arrangements, financial or otherwise, have been made with Bell Canada for any Bell Canada facilities serving this draft Plan of Subdivision which are required by the Municipality to be installed underground. 2. KAWARTHA PINE RIDGE DISTRICT SCHOOL BOARD That prior the registration of the plan, the Owner shall enter into an Option Agreement with the Kawartha Pine Ridge District School Board for the purchase of a portion of the public school site to the satisfaction of the School Board. 3. REGION OF DURHAM a) That the Owner shall pay for those Service Charges and/or Development Charges which are in effect at the time of registration of any portion of this plan. Said charges shall pertain to those services which are the responsibility of the Region. b) That the Owner shall obtain and grant to the Region, all easements required to provide Regional services for this development, and thesE~ easements shall be in locations and of such widths as determined by the Region and shall be granted with the execution of the Subdivision Agreement. c) That the Owner agrees that engineering drawings for Regional services and the proposed final Plan of Subdivision shall be submitted to, and approved by, he Regional Works Department prior to the preparation of thl3 Subdivision Agreement. d) That the Owner agrees that satisfactory arrangements shall be made for thl3 financing of the Region's share of servicing, if any, prior to the release of the final plan for registration. e) That the Owner agrees that sanitary sewers and watermains shall ble designed in accordance with those standards approved by the Region. f) That the Owner agrees that if this subdivision is proposed to be developed by more than one registration, the Owner shall be required to submit a plan showing the proposed phasing, to the satisfaction of the Region. . . - , Schedule "V" Page 115 - 2 - g) Th~t the Owner agrees that any sanitary or water services within the plan which are proposed to be relocated shall be maintained in full service until suc~ time as the new services have been completed and approved by the Region, and all costs incurred in relocation and abandonment of these services shall be borne by the Owner. h) That the Owner agrees, in writing, to satisfy all the requirements of the! Region concerning the provision of roads, sewers, water, and other Regional services. i) That the Owner provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of the plan which are required to service such plan. In addition, the Owner shall provide for the extension of trunk sanitary sewer and water supply facilities shall be designed and constructed according to the standards and requirements of the Works Department of the Regional Municipality of Durham. j) That the Owner shall satisfy the Region, prior to entering into a Subdivision Agreement, that adequate water pollution control plant and water supply plant capacities are available to service the development. h) That the Owner agrees that traffic control measures, to ensure safest pedestrian movement across Nash Road, be provided. These measures shall include signalization and crosswalks at the intersection of Nash Road and Street 'A' and shall be to the satisfaction of the Peterborough Victoria Northumberland and Clarington Roman Catholic Separate School Board. i) That the Owner shall retain a qualified hydrogeologist to monitor private water supplies potentially affected by the proposed development prior to, during and after subsurface construction, to the satisfaction of the Region of Durham. j) The Owner shall agree in the Municipality of Clarington Subdivision Agreement to implement the recommendations of the report, entitled "Nois.e Impact Study, Plans of Subdivision 18T-94027 (Rev.) and 18T-92014 Rev.), Municipality of Clarington", prepared by G.M. Sernas and Associates, dated January 27, 1998 and addendum dated March 23, 1998 or any revisions thereto which specifies noise attenuation measures for the developments. The measures shall be included in the Subdivision Agreement and must also contain a full and complete reference to the noise report (ie. Author, title, data and any revisions/addenda) and shall include any requirE~d warning clauses identified in the study. The Owner shall provide the Region with a copy of the Subdivision Agreement containing such provisions prior to final approval of the Plan. . . \- Page 116 SCHEDULE"W" THIS SCHEDULE IS SCHEDULE "W" to the Agreement which has been authorized and approved by By-law No. 2004-127 of The Corporation of the Municipality of Clarington, enacted and passed the 31st day of May, 2004. ARCHITECTURAL CONTROL STANDARDS All dwellings to be erected on the said Lands shall satisfy the followin~J architectural control standards: The Owner acknowledges and agrees that prior to the issuance of buildin~~ permits, the Owner shall comply with the Municipality's Council approval Architectural Control Design Guideline Policy approved by Council Resolution #C-513-02, on September 30,2002: 1) The Owner acknowledges and agrees that architectural control services provided by the Municipality's Control Architect will be conducted on a full cost recovery basis. 2) The Owner acknowledges that only model working drawings bearing the stamp of the Control Architect shall be eligible for submission to the Municipality of Clarington.